This is an application in terms of which the Executor testamentary of the estate of the late Vitalis Musungwa Gava Zvinavashe seeks an order that the Minister of Justice Legal and Parliamentary Affairs appoint an inspector to investigate the affairs of first respondent (a company) in terms of s 158 (a) (ii) of the Companies Act [Chapter 24:03] on the basis that the applicant believes that the said company my have fraudulently and or oppressively conducted its affairs to the prejudice of the deceased estate. More
When the applicant files what he or she terms “application for condonation of late noting of appeal” that description of the application suggests that the applicant has noted an appeal late and applies that the late filing should be condoned. The position is that no valid appeal can be noted with such late noting being condoned by application made after the late noting of the appeal. In practice, this description of applications by applicants who are time barred from noting an appeal has somehow come to be accepted as the correct description of such applications. In my view an application... More
This is a court application in which the 2 applicants who are former members of the Central Intelligence Organisation (CIO) seek an order in the following terms:
“IT IS ORDERED THAT: More
The determination of urgency in this matter depends on the efficacy of applicable domestic remedies. Are the remedies concerned “effective, available and adequate” ? The remedies under examination are reposed in the Public Procurement and Disposal of Public Assets Act [ Chapter 22:23] (“the Act”). More
On 5 July 2016, upon considering the record of proceedings, heads of argument and hearing oral submissions we upheld the appeal and made the following order:
“It is ordered that:
1. The appeal be and is hereby upheld.
2. The decision of the court a quo is set aside and substituted as follows:
(i) the respondent and all those claiming occupation through the respondent be and are hereby ordered to vacate from No. TT 2455 Madamombe Business Center Seke, Goromonzi within (21) days of the granting of this order.
(ii) the respondent shall pay the appellant’s costs.” More
