This is an application for the setting aside of irregular proceedings in terms of s 43(1) of the High Court Rules, 2021. The applicant is the plaintiff whilst the first to the fourth respondents (hereinafter called the respondents) are the first to fourth defendants in the main cause between the parties in HC 5524/2021. In that matter, the respondents in response to the applicant’s summons filed an exception, a special plea and a plea to the merits all at once. It is the applicant’s averment that the respondents failed to comply with the peremptory provisions of rule 43(2) and rule... More
The appellant was convicted, after contest, of contravening s 113 (1) of the Criminal Law (Codification and Reform) Act [Chapter 9:23] (the Code). It had been alleged that on 24 July 2018 and at the corner of Visage and Princess Park, Pretoria, South Africa, the appellant stole a motor vehicle, a Chevrolet Trailblazer, belonging to one Lazarus Chitsungo. He was sentenced to 6 years imprisonment of which 8 months were suspended on condition of future good behaviour. Aggrieved by the conviction and sentence he appealed against both. More
This is an exception by the second defendant to summons issued out of this court by the plaintiff on 2 May 2018 against the defendants.
In the summons the plaintiff alleged that sometime in 2014 on the instructions of the second defendant, an auction was conducted by auctioneers Hammer and Tongues in respect of an immovable property stand 783 Bannockburn Township . Plaintiff’s bid won and he paid US$36 500.00. The sale was confirmed and he deposited the transfer fees with the conveyancers. In due course, however he was advised by the conveyancers that the sale had been rescinded and... More
This application was placed before me as one for summary judgment in terms of R30 of the High Court Rules, 2021. On the 13th of October 2022 after hearing the parties, I gave judgment ex tempore. I have been requested for reasons and these are they. Although there is reference to applicant and respondents, in my view, the correct reference is plaintiff and defendant given that it is an application for summary judgment. More
