A litigant who applies for the removal of the bar which operates against him admits the simple fact that he violated the rules(s) of court. His application for upliftment of the bar is, to all intents and purposes, a motion by him for condonation for his unwholesome conduct. He is, therefore, expected to be candid with the court, to give plausible reasons for his failure to comply with the rules of court and to place the court into his confidence in his effort to justify the condonation which he is moving the court to grant to him. More
The plaintiff seeks a default judgment against the defendant under circumstances I shall outline below for payment of US$37 914. 16, interest, costs and collection commission. More
: On 22 April 2013 the applicant applied for bail pending trial. I dismissed the application the following day giving my reasons ex tempo. The applicant has requested for written reasons for my decision. These are they:- More
This is an opposed application in which the four applicants seek to set aside a company director change form (Form CR14) filed with the fifth respondent (Registrar of Companies) in respect of Retreat Farm (Private) Limited (“the company”). The first and second applicants (Messrs. G.G.W. Kileff and P.S.W. Kileff) are the founding directors of the company. The third and fourth applicants are family trusts established to hold the shares in the company. The impugned CR14, lodged on 18 December 2015, removed the first and second applicants as directors and reflected the first to fourth respondents as the More
A trustee’s duties and powers are fiduciary in nature, hence a trustee must always act exclusively in the best interests of the trust and its beneficiaries conscious of the trust’s objectives and the powers reposed in him in the Trust Deed. In that regard, any actions by a trustee which run contrary to the imposed obligations as aforestated, run the risk of being impugned. In this matter, the applicants take issue with decisions taken by a trustee of a Trust known as the Robin Hartley Trust. More
