The following facts are common cause. On 22 January 2010 the parties entered into an agreement in terms of which the applicant lent the sum of US $9 500-00 to the respondent. It was an express term of the agreement that payment would be made within seven days from the date of lending. The respondent failed to repay the lent amount within the agreed period. He then requested for an extension of time and it was agreed that he would pay back the full amount on or by 30 June 2010. The respondent signed an acknowledgement of debt in which... More
Aggrieved by the decision of the Master directing the Executor of the Estate of the late Stanislas Masike to amend the Amended First and Final Distribution Account and to distribute the surplus cash from the sale of the matrimonial home equally amongst the late Stanislas Masike’s 6 children and the applicant who is the surviving spouse, the applicant filed the present application for review in terms of s 52 (9) (1) of the Administration of Estates Act [Chapter 6:01]. She wants the Master’s decision made in terms of s 52 (9) of the Administration of Estates Act set aside. Further,... More
When the parties appeared before me in chambers on 27 January, 2012, I directed their legal practitioners to file heads of argument before I could make a determination on the matter. This they have done. I had discerned that the resolution of the real dispute between the parties hinged on a point of law. More
On 8 March 2021, the applicant filed an application for bail pending trial on one count of robbery and another count of attempted rape. The matter was only argued on 16 April 2021 after several postponements. I dismissed the application and gave brief reasons in court. The applicant has requested detailed reasons for the dismissal of his application to enable him to progress the matter further. The following are the reasons. More
