This is an application in terms of Order 40 r 348A (5a) for the postponement or suspension of a sale in execution of the applicant’s dwelling house at Stand 446 Strathaven Township 2 of Strathaven A held under Deed of Transfer 319/2005. The application is opposed by the first respondent. An opposing affidavit originally filed on behalf of the first respondent on 29 November 2017 was withdrawn because it had been signed by a person other than the first respondent herself. It is not explained how a Commissioner of Oaths commissioned that affidavit. That affidavit was withdrawn and a fresh... More
The plaintiff in this matter has issued Summons for payment of the sum of EUR 6,640,295.94 together with interest and costs of suit. The claim arises pursuant to a default judgment of the Regional Court of Frankfurt entered in favour of Kreditanstalt fur Wiederaufbau (KFW) as against the defendant on 25 July 2006. More
This is an urgent chamber application for a spoliation order. The applicant seeks restoration of what it claims has been its peaceful and undisturbed occupation and use of a certain piece of land, being 40 hectares of Buckland Estate, which is a subdivision of 280 hectares of Buckland Estate, situated in the District of Goromonzi. More
The applicant herein seeks the following order:-
“WHEREUPON after reading the papers filed of record and hearing Counsel: IT IS ORDERED AND DECLARED THAT:
(a) The applicant duly paid all import duties and taxes for the motor vehicle:
Make Toyota Landcruiser
Model 200 series
Engine No. IVD 0032379
Chassis No. JTMHV05J004018755
(b) That the payment of duty released the motor vehicle from any and all encumbrances connected with the immigrant’s rebate.
(c) That the first respondent is not entitled to demand, seize or impound the motor vehicle.
(d) That the first respondent shall not demand the surrender of the motor... More
This is an application for absolution from the instance by the defendant at the close of the plaintiff’s case. The defendant contends that there is no need to call the defendant to rebut the plaintiff’s claims because there is no evidence that has been placed before the court to rebut.
The facts of the case are relatively narrow. The plaintiff Timothy Curtis Jackson is a commercial farmer who at the material time was leasing Ruya Ranch Farm from one Mr Nyamupfukudza for the purposes of commercial production of tobacco and maize amongst other crops. The plaintiff and defendant entered into... More
