The decision to launch an urgent application must be thought through as this is a special procedure meant for a party in distress who needs the court’s urgent intervention lest the party suffers harm (or is facing impending harm)the consequences of which are irreversible and cause great prejudice to the party. It is not for every instance or dispute. This is because a judge allocated a matter which appears under cover of urgency has to put any other assignment aside and give his or her attention to the purported urgent matter, hence this should be worthwhile for the attainment of... More
J: The plaintiff claims $286 070.71 being outstanding balance of an exit package.
The plaintiff was employed by the defendant as a Senior Staff Officer Administration. He was put on forced leave resulting in him approaching the Labour Court seeking to revoke the suspension and reinstating him. An order by consent was granted by the Labour Court on April 2008. The plaintiff submitted that the defendant has failed to comply with the consent order and approaches the court for an order compelling the defendant to fully comply with the agreement between the parties. The defendant’s position is that the exit... More
The plaintiffs are husband and wife. The defendant is a duly registered firm of estate agents trading under the style of Stohill Properties. The plaintiffs are victims of a fraudulent sale of a property. They lost a significant sum of their hard earned income in the hope of securing a property that they would ultimately call a home upon completion of construction. The transaction involved the defendant herein as the agent of the seller. Things went horribly wrong along the way, resulting in the plaintiffs instituting proceedings against the defendant. More
The brief background to this matter is that, the applicant sued the respondent sometime in 2007 under HC 3314/07 for specific performance and transfer of a property known as Lot 5 of the remainder of Subdivision “A” of Lichfied of Wilksden Farm (hereinafter called “the property”). Alternatively, the applicant claimed damages for breach of contract. On 4 July, the parties entered into a deed of settlement which is marked Annexure “A” and appears on pages 6-7 of the record. This deed of settlement was made an order of this court under HC 5000/08B on 29 November 2012, and the said... More
The plaintiff is the only child of the defendant, the defendant’s only other progeny, AlbertinaAurthur, also a daughter, having passed away some time back leaving only the two parties after the defendant had divorced their father, who also passed away in 2010. More
