The remedy of provisional sentence is available by virtue of r 20 of the High Court Rules, 1971 to a party who is the holder of a valid acknowledgement of debt, commonly known as a liquid document, who may issue summons for provisional sentence based on that document. As stated by the learned authors Herbstein and van Winsen, The Civil Practice of the Superior Courts in South Africa, 3 ed, Juta & Co Ltd at p 541:
“The essence of the procedure then and now is that it provides a creditor who is armed with sufficient documentary proof (a liquid... More
Respondent served as applicant`s acting managing director between July 2020 and January 2021. During the period February and December 2021, he was arrested and prosecuted over matters arising in the course of duty. The charge was Criminal Abuse of Duty as a Public Officer in terms of Section 174(1) (b) of the Criminal Law, Codification and Reform Act [Chapter 9:23]. More
I heard this matter on 15 September 2021. I delivered an ex tempore judgement in terms of which I granted the applicant’s prayer as contained in the latter’s draft order.
On the following day, the respondents addressed a letter to me. They advised that they have appealed my decision. They requested what they termed a full written judgement to enable them to appeal. More
The 9 plaintiffs are the descendants of Mudyanadzo Chimombe of Gutu who once ruled as Chief Chimombe. The first defendant is the resigning Chief Chimombe he having been appointed by the President of Zimbabwe in terms of the Traditional Leaders Act [Cap 29:17]. More
On 19 January 2010 the applicant filed an application for condonation for the late filing of rescission of judgment granted in case NO. HC 6889/07 on 27 February 2008. The application was opposed by the respondent. More
