This is an application for bail pending trial. Applicant was arraigned before the magistrate’s court facing three offences namely;
1. Robbery as defined in s 126 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]
2. Conspiracy to commit Robbery as defined in s 188 as read with s 126 of the Criminal Law (Codification and Reform) Act
3. Unlawful possession of a firearm as defined in s4 (1) of the Firearms Act [Chapter 10:09] More
The applicant issued summons claiming payment of the sum of US15 900-00, interest on the amount at the prescribed rate and costs of suit on attorney-client scale. The respondent entered an appearance to defend. The applicant then applied for summary judgment. More
This chamber application was opposed by the first respondent. I set it down for hearing on 21 July 2024. Applicant and Counsel for first respondent appeared. Applicant requested a postponement as he felt that his relatives had to be present. He indicated that he had not been aware of the set down date and only appeared because the Registrar of this court had called him on his cell phone. Counsel for the first respondent was not opposed to the application for postponement. I postponed the matter to 1 July 2024 at 1000hours. More
This is an urgent chamber application in which the applicants essentially seek stay of execution on of the order granted in case No. HC 2258/21 pending determination of a court application for the rescission of that order. The court application is yet to be filed. The application for rescission of judgment could not be filed prior to or at the time of the filing of the urgent chamber application owing to the Covid 19 induced lockdown and the Practice Direction issued pursuant thereto. The interim relief sought is for first respondent to be interdicted from interfering with second and third... More
The plaintiffs issued summons against the defendants claiming the sum of US$402 000-00 being ‘excess of costs that the plaintiffs will pay for the construction of 3 villas on stand number 553 Quinnington Township Borrowdale’. The plaintiff further claimed interest on the above sum calculated at the prescribed rate plus costs of suit.
The second defendant gave notice in terms of the rules that, unless the summons were withdrawn, it would except thereto. The summons not having been withdrawn, the second defendant duly filed the exception simultaneously with a special plea. The second defendant excepted on the grounds that the... More