The applicant has approached this court in terms of r 31(3), seeking the dismissal of the respondent’s action in case HC 783/22, for want of prosecution. The application is premised upon the failure of the respondent to file his replication to the defendant’s plea, and to take any further steps to prosecute his matter, in the main action thereafter.
The facts and the inaction of the respondent to file further pleadings are not in dispute. It is common cause that, the applicant and the respondent were once co-directors in the same Company, sharing the same business premises. It is alleged... More
On 29 November 2021 my brother Musithu J granted the following provisional order in the urgent application proceedings.
“It is ordered that:
Pending the determination of this matter on the return day, the applicant is granted the following interim relief:
1. The operation of the circular resolution executed by the first and second respondents dated 1st October 2021 authorising the placing of Adlecraft Investments (Private) Limited under voluntary business rescue proceedings is suspended.2. The respondents are hereby interdicted from implementing the terms of that resolution.” More
This matter was brought as an urgent chamber application seeking a spoliation order following what applicants alleged was forced eviction from premises known as Stand 14432 Salisbury Township which they were letting from the respondent, the National Railways of Zimbabwe, a parastatal. I heard the matter on the merits having made a decision at the hearing that the argument that the matter was not urgent because the applicants had failed to take action between the 29th of December and the re-filing of the application was not sustainable. More
On 22 June 2005 the legal practitioners for the plaintiff instituted summons against the defendant wherein the plaintiff sought delivery of two Nissan motor vehicles, one a 2,4 litre double cab, the other being a 3 litre double cab. In para 2 of the declaration, there is no para 1, despite the heading on the summons and on the declaration itself, the plaintiff is stated as being Old Mutual Properties (Pvt) Ltd. The summons was served on the defendant who entered an appearance to defend the action. Various pleadings were then filed by the parties and the name of the... More
This is an application for leave to execute pending appeal.
On 13 September 2006, this court issued a judgment in favour of the applicant. In the judgment, the court ordered the respondent to pay the applicant the sum of $121.52 together with interest thereon at 30 % p.a reckoned from 9 October 2003 to date of payment and the sum of R201 750-08 together with interest thereon at the rate applicable in South African law, also reckoned from 9 October 2003 to date of payment in full. The court also made an award of costs against the respondent. Dissatisfied with... More
