I will refer to the parties as “NSSA” and “Council” respectively.
The facts of this matter are set out in my judgment in HH 385/18 wherein I disposed of Council’s defence of prescription.
For convenience, I will briefly summarise the facts. They are to a large extent common cause.
In April 2002 and at Mutare the parties entered into two separate written agreements of sale.
The provisions of the agreements were identical.
The major difference was that the first agreement was in respect of the sale of 950 residential stands in Fernhill, Mutare whereas the second had the sale of... More
This is an application for upliftment of a bar. The three applicants herein are the defendants in the main matter while the respondent herein is the plaintiff. I will refer to the parties as the plaintiff and defendants for ease of reference. More
The applicant is praying for judgment against second defendant as follows:
(a) US$ 4 297 170.00
(b) US$ 80 000.00 and
(c) Costs of this application. More
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
