At the hearing of this matter l delivered an ex tempore judgment. The applicant has requested for the written reasons. These are they.
This is an application made in terms of r 4491(a) of the High Court Rule 1971 which empowers this court to either mere motu or upon application by any affected party, correct or rescind any judgment or order that was erroneously sought or erroneously granted in the absence of any party affected thereby. More
The applicant instituted the instant application seeking an order in the following terms:
“IT IS ORDERED THAT:
1. The appointment of the first respondent as liquidator of Kunganda Farm be declared a nullity.
2. That all liquidation proceedings by the first respondent be and are hereby set aside.
3. That the sale of the remainder of Goodwill Estates in the district of Hartley measuring 4219487 hectares be and is hereby set aside. In the event that the said piece of land has been transferred to the fifth respondent or any other party, such deed of transfer be and is hereby... More
I heard and determined this matter in my Chambers on the 28th June 2018 and at the end of the hearing, I gave an ex tempore judgment. The first respondent has noted an appeal in the matter and this is my determination in writing. More
On 2 September 2011 I dismissed with costs the provisional order sought by the applicant. I delivered a handwritten judgment in which I set out the reasons for my decision. On 5 September 2011 the applicant wrote a letter to the registrar requesting my written reasons. The letter was only brought to my attention on 18 October 2011 together with the applicant’s reminder of 10 October 2011. I reproduce hereunder the full judgment I delivered on 2 September 2011. More
Applicant and respondent were customarily married and they have two children. Sometime in 2014 they had marital disputes leading to a separation. Applicant then approached the Magistrates’ Court, Bulawayo where he obtained an order for custody of the minor children, see page 9 of the record. Respondent sought an order for rescission of the default judgment but the application was dismissed. The dispute moved to this court on appeal and this generated the following matters, HCA 104/16; HCA 18/17 and HCA 04/18. More
