This is an appeal against sentence. At the time the appeal was heard the appellant was out on bail. He was granted bail pending appeal within one week of having been sentenced. More
The plaintiffs herein claim provisional sentence founded on an Agreement of Settlement (the Agreement) concluded between the parties on the 22nd of July 2008 followed by an Acknowledgement of Debt (the Acknowledgement) signed on the 15th of November 2008. The total claim is for the sum of US$90,000 together with interest thereon at the rate of 20% per annum calculated from the due date of the 14th of December 2008. The defendant resists the claim on various grounds relating to the nature and correctness of the capital sum claimed under the Agreement, the application of the in duplum rule, the... More
I have been asked to provide written reasons for the ruling which I made on the opposed roll on the 10th July 2017, whereat I granted Applicant the following relief;-
“IT IS HEREBY ORDERED that:-
1. The respondent and all those claiming occupation through him, be and are hereby evicted from the property described as Stand 1867 Chadcombe Township of Stand 1888 Chadcombe Township.
2. Respondent pay applicant’s costs of suit on a Legal Practitioner/Client scale.” More
The plaintiff herein claims to have bought immovable property being a vacant stand from the 1st defendant in 2006. Till to date he has no title to the purchased property. The plaintiff thus seeks an order compelling the 1st defendant to effect transfer of the immovable property known as Stand 2993 of stand 322 Prospect Township measuring 4024 square metres (hereinafter called “the property”) within 7 days of the granting of the order. The plaintiff wants the Sheriff to be authorized to sign all papers and take necessary steps to facilitate transfer of the property should the 1st defendant fail... More
This is an application in terms of s 4 of the Administrative Justice Act [Chapter 10 :28] (AJA) in which applicants are seeking:
(a) An order declaring that first respondent did not comply with s3 of the AJA in the process leading to the award of a certificate in favour of the fifth respondent dated 21 September 2022.
(b) Consequential relief in the form of an order setting aside the environmental impact assessment certificate number 8000112357 dated 21 September 2022.
(c) An order directing the first and second respondent’s to consider the submission on behalf of the applicants and thereafter... More
