This is an application to compel the respondent to provide further particulars. The respondent issued summons against the applicant on 4 September 2013 for payment of $37 688-40 being balance outstanding on the purchase of timber. The contract of sale was said to have been signed by the parties on 16 December 2010. The respondent also claimed damages in the sum of $183 782-02 for the complete destruction of the timber plantation by a veld fire which was allegedly exacerbated by the dry timber cut and left lying in the plantation by the applicant. The respondent also claimed interest and... More
After hearing this matter I issued an order in terms of the draft. The record was then mislaid resulting in the applicant construction a dummy file so that an order could be issued. The respondent despite having been served with the application and having entered opposition failed to appear at the hearing. In view of the relief being sought I found myself unable to grant an order in the absence of argument on the legality of the order being sought. I therefore sought the assistance of Mr Zhou specifically to advise the court whether or not the form of relief... More
This is an application for the setting aside of a judgment given in default of the applicant in case number HC 864/11. The judgment was given on 26 May 2011. The applicant states that he became aware of the default judgment on 25 July 2011 when he was served with the notice of attachment and removal of goods by the Deputy Sheriff. The instant application was instituted on 23 August 2011. More
On the day of the hearing of this matter the parties opted not make any oral submissions. They proposed that I make a determination on the basis of the papers filed of record. I obliged. At any rate, the applicant’s answering affidavit and heads of argument, although having been issued earlier, were at that time still to find their way into the court record. More
This is a bail application pending trial. The applicants are charged with the crime of contravening s 45(1)(a) as read with s 128(1)(a) of Parks and Wildlife Act [Chapter 20:14] as amended by General Laws Amendment No. 5 (148/11) “Hunt a specially protected animal (Rhinoceros). It being alleged that on 14 July 2022 and at Bubye Valley Conservancy, the applicants one or both of them unlawfully hunted and killed a black rhinoceros which is a protected species using a 315 rifle in contravention of the Act. More
