The plaintiff’s cause of action arises from a contract farming agreement for provision of crop inputs and financial assistance to the defendants in the sum of $ 575 164.68, for the production of flue cured Virginia tobacco.The defendants were required to deliver the entire crop after harvest to the plaintiff which would in turn recover the value of inputs and monies advanced from the proceeds of the sale. If the tobacco delivered was insufficient to discharge the input debt for the season, the plaintiff was entitled to demand and recover the outstanding debt from the defendant. The plaintiff’s case is... More
Summary judgment was granted in favour of the plaintiff against the defendants jointly and severally. The judgment was in the sum of US419 435-40 together with interest thereon at the rate of 10% per annum from 6 August 2019 until the date of payment. Reasons ex tempore were given. The defendants appealed. More
This court is presently in the process of hearing plaintiff’s evidence in this trial. Three witnesses of the defendant have testified and concluded their testimonies, and have been excused as witnesses by this court. At this stage, Advocate Goba, counsel for the plaintiff, informed the court that plaintiff intends to lead evidence from two more witnesses. Before the fourth witness was called in to testify, I was informed that defendants had an application to make. It turned out that it is an application for amendment and defendants now wish to amend their plea by inserting a new defence to the... More
At the close of the case for the plaintiff, the defendants moved an application for absolution from the instance, alleging that for reasons to be adverted below, the plaintiff had failed to make a case requiring the defendants to be placed on their defence. In this case, plaintiff sued out a summons against the 1st and 2nd defendants, praying for the following orders:
a. Eviction of defendants from stand 19260 of stand 14908 Borrowdale, otherwise known as Borrowdale Race Course;
b. Arrears for rent, electricity, water and rates in the sum of US$155 726-33;
c. Holding over damages in the... More
The parties herein got divorced on 2 November 2019, under HC 3050/19. The applicant herein was the plaintiff while respondent herein was the defendant. The parties were agreed to a decree of divorce being granted and they filed a consent paper. Paragraph 2 of the divorce order reads as follows: More
