This is a review application against a magistrate’s decision refusing to release seized money (US$56,000 and US$22,000) to the applicants respectively after criminal proceedings against them were halted. The applicants were charged with theft, allegedly stealing cash belonging to a company and their trial commenced. Several witnesses testified, but the State failed to locate a key witness. Consequently, on the applicants’ motion, the magistrate refused further remand and removed the applicants from remand effectively ending the proceedings. The applicants then applied under section 58 of the Criminal Procedure and Evidence Act [Chapter 9:07] (“CP&EA”) for return of the seized money.... More
This is an urgent chamber application for an order interdicting the first, second, fourth and fifth respondents from effecting transfer into the name of the third respondent of rights, title and interest in the immovable property known as certain piece of land situate in the District of Salisbury called stand 11 Comet Rise Township 2 of Comet Rise A measuring 4 540 square metres and held under deed of transfer no. 6678/97. The property belongs to and is registered in the name of the second respondent, a company under judicial management. The first respondent is the judicial manager of the... More
On 20 August 2010 I dismissed this application with costs. The applicant has now placed before me a written request for the full reasons behind my dismissed of its application. The applicant says it needs the reasons because it intends to file an appeal in the Supreme Court urgently. I give here below the reasons for my ruling. More
This court has time and again held that where an employee stands suspended or dismissed, he ceases to have any right to possess or occupy company property that he had entitlement to use as part of his employment benefits during the tenure of his employment. This is so unless the employee can prove some legal entitlement to continue holding onto the property. This call has generally gone unheeded as this court continues to be swamped with rei vindicatio applications by former employers seeking to reclaim their properties. This is one such case. More
This is an application by the defendants for absolution from the instance at the close of the plaintiff’s case. The plaintiff’s claim which was instituted by way of summons for provisional sentence is for payment of a sum of US$2 506 132-86, together with interest thereon as stated in the summons, collection commission and costs of suit on the attorney-client scale. More
