The plaintiff instituted proceedings against the defendant for payment of the sums of US$2000-00 being money paid to the defendant towards the purchase of stand 574 Juru Growth Point (the stand) and US$2000-00 for improvements effected on that property. In her declaration, she averred that the parties had entered into a written agreement about December 2008 in terms of which she purchased the stand for US$4 500-00 which was to be paid by a deposit of $2000-00 with the balance of $2 500-00 being paid by March 2009. More
In Re Estate Late Bellinah Mhlanga Dr 143/13 Chamber application in terms of s 113 of the Administration of Estate Act [Chapter 6:01] request for a determination by a judge in chambers on a point of law arising from a difference of opinion between the executor and the Master on a question of law: More
All of the three cases dealt with in this review involve the appointment of guardians to minor children by the same Provincial Magistrate in September and October 2009. Following jurisdictional queries raised in January 2010, the learned magistrate eventually responded on the 22nd of September 2010. There is no explanation for his inordinate delay in responding. More
The applicant is the natural mother of two minor children who shall herein be referred to as A and B. The biological fathers of the children are unknown. The applicant has approached this court seeking an order that her sister Susan Chimhanzi be awarded custody and sole guardianship of the two minor children purportedly in terms of s 9(1) of the Guardianship of Minors Act, Chapter 5:08, herein after referred to as the Act. In an earlier application Susan Chimhanzi had been cited as the applicant. After I queried the appropriateness of the application especially as it was made in... More
:After hearing argument in this matter I dismissed the applicant’s application with costs pegged on attorney – client scale. I indicated my elaborate reasons would follow. Here they are:-
BACKGROUND The applicant and the respondent were both co-shareholders and co-directors in a company called GRAPHIC AGE (PRIVATE) LIMITED, a company duly registered in accordance with the laws of this country.
In December 2006 the applicant resigned as Director of the company and the respondent, in accordance with the parties’ shareholders’ agreement swiftly moved to exercise his pre-emptive rights to acquire the entire shareholding in the company. This, he did after... More
