On the 17th October 2006 plaintiff issued summons in this court claiming the following:-
(a) A decree of divorce
(b) An order dividing the movable property of the parties in terms of paragraph 8 of the declaration.
(c) That each party pays its own costs
Defendant was served personally with the summons on the 20th October 2006.
She did not enter appearance to defend. The dies induciea expired and the matter was set down on the unopposed roll. More
1. The applicant seeks an order for upliftment of bar and condonation for late filing of appearance to defend and plea under HC5762/16.
2. The brief background facts to this application are as follows: On 8 June 2016, the first respondent issued summons against Myrammar (Pvt) Ltd t/a Cottzim, [hereinafter referred to as Myrammar Farming], a company under judicial management and six other defendants. Myrammar Farming was cited as the first defendant. The return of service of the summons served on first defendant showed that it was served on Alex, the judicial manager. The 10 days within which the defendants... More
The applicant seeks a provisional order in the following terms:-
“TERMS OF FINAL ORDER SOUGHT
1. Execution of the order under case (number) HC 2326/08 is hereby stayed pending finalisation of the application for rescission of judgment. More
I heard the present application on 6 April, 2016. I delivered an ex tempore judgment in which I dismissed the application with costs on a punitive scale. I considered the matter as having been put to rest. More
CHIKOWERO J and I heard oral submissions on the law in this matter because the law requires a judge to seek the concurrence of another judge before correcting proceedings of the lower court or tribunal. Where oral submissions are made, it is desirable for both judges to be present in case the Judges may both and each require clarification by counsel. More
