This urgent chamber application was initially set down for the 10th of October and I heard the parties on the points in limine, reserved my ruling and thereafter dismissed the points raised with a notification that reasons would follow. I give my very brief reasons for dismissing the points in limine.
Points In Limine
The first point raised is that this matter is not urgent as the sale was concluded in January 2022 and nothing was done to challenge the sale even in June 2022 when applicant’s counsel represented the tenants when they were evicted. Such proceedings are said to... More
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 In due course, however he was advised by the conveyancers that the sale had been rescinded and...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
