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: On 25 October 2013 I declined to hear this application on an urgent basis and gave my brief reasons ex tempore to the legal practitioners of the parties. On 5 November 2013 I was informed by the Registrar as per the letter written by the applicant’s legal practitioners dated 5 November 2013 that the applicants have filed an appeal to the Supreme Court against my decision for refusal to hear the matter on an urgent basis. I was enjoined to provide the reasons for that decision. Here they are:- More

The applicant approached the court seeking an order compelling the respondent to comply with a specific portion of a divorce consent order under HC 12314/12 issued on 1st April 2014. More

This is an application for summary judgment in terms of r 64(1) of the High Court Rules,1971. The rule states; More

The plaintiff issued out summons claiming $54 280.00 for services rendered in terms of a contract between the parties and interest at the prescribed rate from the date of summons to the date of payment in full. More

An owner of property may recover it from whoever possess it without his consent (BadelaNdlovu vSpiwe Posi HH 475/15). The actio rei vindicatio is an action brought by an owner of the property to recover it from any person who retains possession of it without his consent (Tendai Savanhu vHwange Colliery Company, SC 8/15). The principle that an owner cannot be deprived of his property against his will means that he is entitled to recover it from any person who retains possession of it without his consent (Silberbeg and Schoeman: Law of Property, 3 ed, p 273). More