The applicant has approached this court on an urgent basis seeking what is in essence spoliatory relief, restoration to a portion of the respondent’s hotel known as Rainbow Towers Hotel and Conference Centre situated at the second mezzanine floor of the prestigious hotel. The applicant also seeks an order allowing it to continue operations at that portion of the hotel without interference and to be allowed free access to its tools, material and machinery which it placed at that location and related relief. More
This is an application for summary judgment in terms of rule 64 which provides:
“(1) Where the defendant has entered appearance to a summons, the plaintiff may, at any time before a pre-trial conference is held, make a court application in terms of this rule for the court to enter summary judgment for what is claimed in the summons and costs. More
In this urgent chamber application the applicant seeks an interim relief to interdict the first respondent from continuing with execution pending the finalization of the instant case. More
The plaintiff issued out summons claiming adultery damages against the defendant who she alleges was engaged in an adulterous relationship with her husband, one Jabulani Tawanda Chikore since July 2020. They were married on 21 August 1998 in terms of the then Marriage Act [Chapter 5 :11] now the Marriages Act [Chapter 5:17]. There is one minor child born of the marriage. It is alleged that the plaintiff has suffered personal injury or contumelia and loss of her spouse’s consortium. The inclusive amount of damages claimed is USD 50 000.00 being USD 25 000.00 a piece. More
This is an application supposedly for a mandatory interdict. It is accompanied by a certificate of urgency in ostensible compliance with Order 32 r 241 of the High Court rules. I have had to determine the matter on the papers without hearing oral argument. The application is against a background of a spike in the spread of the deadly corona virus and a rise in fatalities from covid-19 related complications. On 2 January 2021, in response to that spike, the Government, as did many others around the world, ordered a return to a high level lockdown which is characterised by... More
