: This is an opposed application wherein the applicant seeks the following relief:
“1. That the respondent be and is hereby ordered to deliver six million (6, 000 000) AICO Africa Ltd shares together with the share certificates within 48 hours of this order.
2. That the respondent shall pay the costs of this application in terms of the Law Society tariff including costs of two Counsels where the two are employed”. More
This is a matter in which the applicant filed an application on urgency seeking the following relief in the form of a provisional order:
“TERMS OF FINAL ORDER SOUGHT
That you show cause to this Honourable Court why a final order should not be made in the following terms.
1. That the 1st and 2nd respondents be and are hereby barred either in themselves or through their agents from removing gold pregnant sands from Gazemba 105-108 mine pending the finalisation of Case No. HC 2666/18 (XRef HC 7729/17).
2. The respondents shall bear the costs of this application on the... More
The applicants seek an order declaring as unlawful theallotment of certain shares in second respondent by Ettore Pietro Fumia to himself.They also seek an order for costs against the first respondent. The allotment was done on 15 November 1994. This application was filed on 30 June 2011. It is not in dispute that by that date the said Ettore Pietro Fumia had become indisposed and was no longer compos mentis. He has since died and the Executrix, on behalf of the deceased estate, has resisted the present application More
On 24 October 2024 after hearing argument, I dismissed the application for rescission of judgment brought by first to fifth applicants and delivered the reasons thereof ex tempore. A request was made 7 November 2024 for the reasons in writing which reasons I deliver hereunder; - More
The facts of this matter require mentioning with a bit of detail. The applicant and the late Dr Herbert Sylvester Masiyiwa Ushewokunze (“Dr Ushewokunze”) were in a love relationship from 1981 to 1983. Dr Ushewokunze purchased and registered in the applicant’s name three properties (on 16 February 1983), namely: More