After considering the papers filed of record inclusive of heads of argument and hearing oral evidence from the applicant and the respondents’ counsels, I gave oral reasons for my disposition I indicated that written reasons would be availed in due course on why I effectively dismissed the application with costs on attorney client scale. More
This appeal is against the lower court’s decision in the distribution of matrimonial property following the dissolution of a registered customary law marriage. The parties married in 1989 and had been living separately as husband and wife since 2011. Whilst divorce proceedings commenced in 2015, their matter was finalized in 2021. More
This is an appeal against the granting of a spoliation order in favour of the respondents. The appeal succeeds in that spoliation is about possession and not access. The order having been granted on the basis of the respondents accessing the premises in furtherance of the right to worship as opposed to having been despoiled of possession which was not at all in their hands, the order for spoliation by the court below was improperly granted against the backdrop of the totality of the facts of the matter. More
On 27 July 2010 and in case number HC 5120/10 the same applicants in this matter filed an urgent chamber application seeking to have execution stayed pending the determination of an application for rescission of judgment issued against them in case number HC 271/10. Counsel representing the applicants had submitted before my brother judge PATEL J that the filing of the urgent chamber application had been preceded by the filing in this same court of an application for rescission of judgment. More
