This judgment addresses preliminary issues raised by the defendants in this matter, specifically, a special plea of prescription and an exception in the action brought by the plaintiff, Robert Dow, to recover a debt under a financing agreement. The plaintiff is a foreign investor, and the first defendant, Pomelo Mining (Private) Limited, is a Zimbabwean company. After amendments to the pleadings, a second defendant, Pomelo Trading (Private) Limited, has been joined. The defendants’ special plea and exception are considered here in limine, as they potentially dispose of the claim without a trial on the merits. The court’s task is to... More
This is an appeal against conviction and sentence. The appellant pleaded not guilty to, but was convicted of rape as defined in s 65 of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. He was sentenced to 15 years imprisonment of which two years imprisonment was suspended for five years on the usual condition of good behaviour, leaving an effective imprisonment term of 13 years. More
The plaintiff is a self-actor. This is a claim for personal delictual damages which plaintiff suffered arising from a traffic accident. A default judgment had been entered against both defendants for their failure to file a plea; leading to the matter being referred to the unopposed roll for the assessment of damages. More
Plaintiff in this matter seeks an order directing the first defendant to transfer all rights, title and interest in the subdivided piece of land being portion of stand 132 of Prospect measuring 2350 square metres and an order interdicting first defendant from alienating her rights, title and interest in the said property to any other person than the plaintiff till this matter is determined and costs. More
