This is an application for condonation of late filing of an application for review of respondent’s decision declining allocation of land to applicant for the benefit of its members. More
TSANGA J
This is an opposed application for amendment of summons and declaration with costs sought on a higher scale. The applicant alleges that she had been given the impression that the respondent does not have any source of income until she came across his bank statement. She had a claim for maintenance of children and sharing of property on divorce and hence deems the amendment crucial to those claims. More
The appellant is a former owner of Clifton of Lang, Mberengwa, measuring 2025, 8116 hectares (the farm). The farm was acquired by the Government and became State land in terms of the Government Gazette Extra Ordinary Volume LXXVIII No. 50, General Notice 457A of 2000 published on 6 October 2000. More
The plaintiff is a registered commercial bank. On 15 October 2003 it issued summons against the defendant. On 1 March 2004 the defendant excepted to the summons and declaration. The exception was upheld by this court on 31 January 2005. It was granted in default. As a result of the order granted therein the plaintiff filed an amended declaration on 18 February 2005. The defendant then sought further particulars on the amended declaration which particulars were filed on 18 May 2005. On 15 June 2005 the defendant filed an exception to the amended declaration. On 21 July 2005 the plaintiff... More
Barrack Obama in his work titled “The Audacity of Hope: Thoughts on Reclaiming the American Dream”, 2007 Canongate Books at p.48, posited that:
“The legal profession tends to place a premium on winning an argument rather than resolving the problem or arriving at the truth.”
The above is properly called being eristic. Depending on one’s persuasion, it can be either a trait or a virtue. There were times in the course of reading the papers in this application and during argument that I couldn’t help but think that one or the other of the parties was being eristic. Both counsel... More
