At the hearing of this matter, and in his heads of argument the first respondent raised two points in limine. The first point in limine being that there is material disputes of facts which cannot be resolved on papers. He suggested that this matter could not be resolved in a motion court but by way of trial procedure. More
In presiding over matters, judicial officers are duly obliged to be impartial and ensure in all instances that justice is done. A magistrate presiding over a matter has to ensure fairness in conducting proceedings. Both procedural and substantive aspects pertaining to adjudication of matters have to be considered and adhered to. It cannot be said this obtained in this particular instance. More
This matter was initially placed before me on the unopposed motion matter. The applicant seeks the placement of the 1st-3rd respondents under supervision and commencement of corporate rescue proceedings in terms of section 124 of the Insolvency Act [Chapter 6:07]. More
: This is an appeal against the whole judgment of the Harare magistrates court delivered on 28 October 2011 in which the magistrates court set aside a default judgment which had been granted in the appellant’s favour.
The facts giving rise to the appeal can be summarised as follows:- More
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
