The first respondent is a cooperative body set up in terms of the Co-operative Societies Act [Chapter 24:05], (“the Act”). The second respondent is the local authority responsible for the maintenance and administration of urban land. Although it was cited and served with the application, it has not seen it fit to respond thereto. The appellation respondent will therefore in this judgment be taken to refer to the Kambuzuma Housing Cooperative Society. The applicant was one of its members. In 2001 certain allegations were leveled against him as a result of which he was suspended from being a member of... More
The applicant approached this Court with a Court application which he termed an application for revocation of Letters of Administration and consent to sell, in which he seeks an order revoking the Letters of Administration given to the first respondent and that the consent to sell that was given to the first respondent to sell some immovable property be cancelled and also that his initial appointment as Executor be re-instated.
The application is opposed. In its opposition the first respondent raised three points inlimine which are basically that, there is no proper founding affidavit and the founding affidavit is fatally... More
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
