The applicant and the respondent are presently involved in proceedings before this court under HC 9837/19 in which the applicant in casu is “the plaintiff”, while the respondent is “the defendant”. In order to avoid confusion, and consistent with the citation of the parties in the main proceedings, I will refer to the parties as they are cited in those proceedings. Additionally, for completeness of the record, I mention that they were married in terms of an unregistered customary law union, which was terminated by the plaintiff on 24 November 2019 when he gave the defendant a divorce token called... More
The plaintiff herein seeks the cancellation of an agreement between the parties for the sale of a motor vehicle and damages for breach of contract in the sum of US$6,500. The principal issues for determination are whether the defendant represented that it was the owner of the motor vehicle and whether it breached the contract of sale by not guaranteeing vacant possession of the vehicle to the plaintiff. More
This is an application for a declaratur. Initially, the applicant filed an urgent chamber application for an interdict against the respondents. The basis for the application was that the Applicant had received unlawful tax assessments from the 1st Respondent on the 6th of June 2024 which were unlawful because they are in foreign currency, despite the Applicant having never accrued or earned foreign currency as envisaged in s 4(A) of the Finance Act [ Chapter 23:04]. More
This application was placed before me in Chambers as an unopposed application. On 26 October 2016, the applicant had filed a suit against the respondent, claiming the sum of US$ 25 000-00 for adultery damages. She claims that the respondent has been involved in an adulterous relationship with her husband and that their unlawful union resulted in the birth of a girl child out of wedlock, in March 2017. More
This is an urgent chamber application in which the applicant’s legal practitioner raised a preliminary point which needs to be determined before the Court can proceed to hear the preliminary points that the respondents raise. More
