The two appellants were each charged with one count of fraud as defined in s 36 of the Criminal Law (Codification and Reform) Act, [Cap 9:23]. They both pleaded not guilty. After a trial, they were convicted. They were each sentenced to five years imprisonment of which one year was suspended on conditions of good behaviour and a further two years were suspended on condition that they, each, make restitution in the sum of US$20 000.00 towards the complainant. They now appeal against both conviction and sentence. More
The applicant approached this court seeking the following relief;
1. That the respondent be and is hereby ordered to release to the applicant the cargo of 1950 cartons of bulbs 220 volts-240 volt and 975 cartons of 100 watts bulbs (220 volts-240 volts) from seizure No. 046932K dated 22 July 2015 for re-exportation to the supplier Barssa Trading (Pvt) Ltd in China and to waive storage charges within 7 days of the respondent being served of this order. More
This is an application for a declaratory order confirming Applicant’s sole beneficial ownership of Holfren Investments (Pvt) Ltd and Ontarium Investments (Pvt) Ltd. Further it is sought that this honourable court direct the Respondent to surrender all title deeds of immovable property registered in the name of Holfren Investments ( Pvt) Ltd and Ontarium Investments (Pvt) Ltd to the Applicant as per para 5 of appliant’s founding affidavit.
The relief being sought as per the draft order is as follows:- More
To bring proceedings by way of application or by way of summons is an issue that must be uppermost in the mind of each and every legal practitioner who is given instructions to approach the court for relief. While application procedure is the more expedient manner of resolving disputes, it is not always suitable. Rules and practices of this court have been set up to guide legal practitioners on when application procedure is not suitable. Numerous judgments of this and the Supreme Court have explained these rules and practices in detail and have in some instances gone to great lengths... More
The plaintiff claims from the defendants the following relief-
(a) Cancellation of the contract entered into between the parties.
(b) The return of electrical gadgets which the plaintiff claims it supplied to the defendants pursuant to the contract.
(c) Costs of suit. More