This is an appeal against the whole judgment of the Magistrate’s Court in which the court a quo granted an application in favour of the 1st respondent (Mavetera) for the rectification of the register in terms of section 162 of the Companies and Other Business Entities Act (the Act) [Chapter 24:31]. More
This is an urgent chamber application for a provisional interdict.
The facts are that on 10 July 2013 I dealt with the matter on the unopposed roll. The applicant who is the first respondent in this matter had applied for a provisional sentence on a liquid document namely an acknowledgement of debt by all the respondents (some of the applicants in this matter). The draft order was headed “Order by Consent” and its first paragraph reads:- “1. The Deed of settlement under HC 4283/13 be and is hereby made an order of this Court”. I raised a query relating to... More
This matter has a long history of a dispute over the ownership of a piece of communal land, in Mayambara, Seke Communal lands. The parties to the dispute inherited the dispute from their parents. Appellant’s father and the respondent’ brother, who were the original disputants died many years ago. The matter was further confused by the lack of knowledge of the applicable law on the part of the parties and Court officials. Along the way, wrong advice was given to the parties leading to wrong decisions being given in courts More
This is an appeal against conviction in which I find myself in the same situation HAWTHORN ACJ was in R v Freddy 1963 (2) SA 128 (SR) at 128-129 and R v Oscar 1963 (2) SA 134 (SR). The appeal came before my brother UCHENA J and my sister CHATUKUTA J on 27 October 2009. Their opinions differed on the matter and in accordance with the provisions of s 4(2) of the High Court Act [Cap 5:07], judgment was suspended until a third judge was present. I was the third judge. Unlike in the Freddy case, supra, I did not... More
This matter was placed before me on a certificate of urgency in terms of Rule 242 of the High Court Rules as amended. I dismissed the application with costs because of the preliminary issues raised. The applicant has requested written reasons for my decision. These are they. More
