This is an urgent chamber application for an interdict for stay of a disciplinary hearing before the first respondent pending an appeal which is before the second respondent. The background to the application is as follows. On 7 August 2018 MUREMBA J granted a provisional order under Case No. HC 7145/18 (hereinafter referred to as “the order”)which suspended the decision and directive of the first respondent dated 26 July 2018. The order was made pending the applicants’ appeal dated 3 August 2018 before the second respondent and interdicted the first respondent from interfering with the normal day to day business... More
This case demonstrates what befalls a matter between various parties if it is not pursued to finality expeditiously. It also shows what a change of legal practitioners entails where subsequent practitioners have no inkling of the previous processes. More
This is an application for the respondents to be held to be in contempt of the order of Court which was granted in Case No. HC 1138/19, and for them to be sentenced to ninety days imprisonment to be suspended on condition that the respondents comply with the said order. The order in HC 1138/19 was granted on 13November 2019. The applicant seeks costs against the respondents on the legal practitioner and client scale. The application is opposed by the respondents. More
On 8 November in 2016, the plaintiffs instituted proceedings in this court against the first to third defendants. The bone of contention between the parties was a property known as Lot 2 Block MM Ardbernnie Township, measuring 1,8577 hectares (“the property”). When this matter first came before me, the parties agreed that it proceeds as a stated case in terms of Rule 52 of the High Court Rules. The statement of agreed facts filed by the parties is quite voluminous, but what can be gleaned from it is the following: More
NDEWERE J: The plaintiffs issued summons for civil imprisonment against the defendant on 13 December 2017. The summons called upon the defendant to pay $1 252 151.05 together with interest at the rate of 10% per annum calculated from 6 March 2017 to date of payment in full by virtue of a judgment of the High Court of 15 March 2017 which ordered him to pay $1 500 000.00 plus interest and costs.
The summons called upon the defendant to appear before the High Court on 10 January 2018, to show cause why an order for his civil imprisonment should... More
