Pomelo (as investor) and Annadale (as asset owner) entered into a mining joint venture (JV) through Beatrice Mine as the JV company. The investor and asset owner respectively held 74% and 26 % shareholding in the JV company. The asset comprised of several mining claim claims located in the Beatrice area. The joint venture (JV) collapsed. The asset owner alleged failure by the investor to invest in the JV as agreed. It demanded the 74% that had been allotted to the investor. The dispute was referred to arbitration and the investor succeeded. The investor made spirited efforts to resist this... More
The applicant purchased a certain piece of undeveloped immovable property known as Stand 1145 Hilton of Subdivision A of Waterfalls from the first respondent. The full purchase price has been paid to a firm of lawyers and the applicant is awaiting transfer. The applicant has since sued the respondent for specific performance seeking transfer under case number HC 3885/12. More
“TERMS OF FINAL ORDER SOUGHT
1. That in the absence of legislation or a court order, 1st respondent is not entitled to take the law into his own hands and bring about an eviction of the applicants.
2. That respondents pay the costs of suit. More
This matter was placed before me under a certificate of urgency on 17 January 2008. I gave directions that it be heard the following day as I deemed it appropriate that the rules of court be dispensed with in the interests of achieving justice in this particular matter. At the hearing Mr Takaendesa, for first respondent, raised two procedural points in limine regarding the lack of appropriate certification of urgency on behalf of the applicants. His second point was that the applicants ought to have anticipated the rule nisi rather than approach this court through the Chamber Book. More
This is an application for a declaratory order in the following terms:
“ 1. Applicant be and is hereby declared the rightful lessee of Plot Number 227 measuring 10,288 hactares(sic) situate at Rainham Farm.
2. The subdivision of Plot Number 227 situate at Rainham Farm into various smaller units or the downsizing of Plot Number 227 situate at Rainham Farm from 10,288 hactares(sic) to 3 hactares(sic) by the Respondent be and is hereby declared unlawful.
3. Applicant and/or its agents, assignees, representatives be and are hereby declared to have unhindered access to a certain piece of land situate at Rainham... More
