This is an application seeking an order for the dismissal of case numbers HC 1230/19 and HC 3457/19 for want of prosecution. The application is in terms of rule 236 (3) (b) which provides that;
“(3) Where the respondent has filed a notice of opposition and an opposing affidavit and, within one monththereafter, the applicant has neither filed an answering affidavit nor set the matter down for hearing, therespondent, on notice to the applicant, may either—
(a) ………..
(b) make a chamber application to dismiss the matter for want of prosecution, and the judge may order thematter to be dismissed... More
This is an application for dismissal of matters HC 1230/19 and HC 3457/19 for want of prosecution being made in terms of r 236(3) (b) of the High Court Rules, 1971.
The brief background being that on 15 February 2019 the first and second respondents filed an application with this court under case number HC 1230/19 for rescission of the judgment of this court granted in matter number HC 10839/18. They also filed a chamber application under HC 3457/19 for leave to admit into evidence supporting affidavits earlier filed without the leave of the court. The applicants filed their Notices... More
This is an Application for a Declaratory Order in terms of S 14 of the High Court Act, Chapter 7:06 in which the Applicant is seeking the following relief:
“IT BE AND IS HEREBY ORDERED THAT:
1. The Application be and is hereby granted.
2. The Applicant be and is hereby held to have paid the full purchase price for Stand Number 288 Carrick Creagh Township of Carrick Creagh of section 4 of Borrowdale Estate registered under the deed number 3434/2012 in full and final settlement of the purchase price.
3. The 1st Respondent be and is hereby held to... More
The plaintiff issued summons on 22 September 2005 claiming; (a) payment of the sum of $3 912 125 000,00 by the defendants jointly and severally the one paying the other to be absolved, being accident damages negligently caused to him by 1st defendant; an employee of the 2nd defendant in the course and scope of his employment; (b) Interest on the principal amount at 30% per annum from date of accident to date of full payment; and (c) Costs of suit. More
On the 12th of October 2023 I granted an order in H5397/21 in the following terms;
1. The point of law raised by the First Defendant be and is hereby dismissed
2. The application for amendment be and is hereby granted.
3. The Plaintiff summons and pleadings be and are hereby amended to read Olympia Farm (Private) Limited.
4. No other amendments are permissible without the leave of the court
5. No order as to costs. More
