Applicant indicated that he was approaching the court in terms of s 25 of the Administration of Estates Act and High Court Rule 449(a). Section 25 of the Administration of Estates Act deals with the appointment of an executor. Applicant is not seeking the appointment of an executor. Rule 449(a) dealt with the correction, variation and rescission of a judgment obtained erroneously, in the absence of the affected party. The application was filed on 3 January 2022. Applicant ought to have referred to section 29 of the 2021 rules, Statutory Instrument 202 of 2021. Considering that both parties were not... More
The appellant was charged with and convicted of having contravened s 368 of the Mines and Minerals Act [Chapter 21:05] it having been alleged and proven that he unlawfully prospected for gold without a license. Section 368 of that Act reads:-
“368 Prospecting prohibited save in certain circumstances
(1) Subject to subsections (2) and (3), no person shall prospect or search for any mineral, mineral oil or natural gas except in the exercise of rights granted under a prospecting license, exclusive prospecting order or special grant or unless he is the duly authorized representative of the holder of such license,... More
This is a court application for a declaratur in terms of s 14 of the High Court Act [Chapter 7:06] and ancillary relief thereto. The order sought is as follows;
“1. My dismissal from employment by the Respondent on the 12th of December 2019 be and is hereby declared to be unlawful.
2. The Respondent be and is hereby ordered to reinstate me to my provisions position without loss of salaries and benefits.
3. If reinstatement is no longer tenable, the respondent be and is hereby ordered to pay the damages in lieu of reinstatement within 30 days from the... More
The first, second and third respondents have through their legal practitioners requested that I prepare and avail my reasons for the provisional order which I granted in favour of the applicant on 21 September 2017. This application is one of those unusual ones where family members fight each other tooth and nail over earthly riches. More
At the centre of this dispute is a company called WENTSO MILLING (PVT) LTD. The company is duly registered and incorporated in accordance with the laws of Zimbabwe, which company operates a regulated gold mining and milling business in the Shamva area of Mashonaland Central in Zimbabwe. The company though a legal persona was not cited in these proceedings. The company was founded by the applicant WENDALL ROBERT PARSON and the third respondent VINYU TSOKA from where the name was derived- “Wen” for Wendall and “tso” for Tsoka. The applicant claims to be a 60% shareholder and director in the... More
