is matter comes before the High Court as an application by the defendant for absolution from the instance at the close of the plaintiff’s case. The plaintiff, Mr. Meron Matewere, sued the defendant (First Transfer Secretaries (Pvt) Ltd) by summons issued on July 20, 2020. In his claim, the plaintiff seeks delivery of 77,235 Class “A” Econet Wireless shares or payment of the equivalent value of those shares, together with costs of suit. The defendant entered appearance to defend and raised, inter alia, two special defences: prescription and res judicata, arguing that the claim is time-barred and already adjudicated, and... More
This is a court application, filed by the applicant on 28 September 2022, for leave to execute judgment pending appeal. The judgment which the applicant desires to execute was handed down in HC 1343/21 on 13 September 2022. After hearing arguments from the parties, I gave an ex tempore judgment allowing the relief sought by the applicant, and undertook to deliver a full judgment the next day. Here are the reasons for the order I granted on 17 November 2022. More
The instant urgent chamber application is one for an interim prohibitory interdict against respondents to bar and /or stop them from disposing and/or selling two truck horses and two tanker trailers belonging to applicant which respondents have forfeited. More
The parties agreed to refer this matter to me as a special case in terms of rule 52 of the High Court Rules, 2021. On 15 August 2022, the statement of agreed facts was duly filed, which were captured as follows:
1. Sometime in September 2020, the Plaintiff transported a fuel consignment for Wellsford International destined for Zambia, the trucks of which are the subject matter of this case.
2. Before crossing into Zambia, the trucks made an about turn and made entry into Zimbabwe, still loaded with fuel without following the customs procedure prescribed by the law.
3. The... More
The Applicant instituted summons action against the Respondent for payment of sums of US$18 968-92; ZAR 19 492-95; BWP 1 037-12 and GBP 128,55 together with attorney and client costs, in respect of its funds which went missing while under the custody of the Respondent who was the church Treasurer for its Parktown congregation. More
