On 12 June, 2007 the applicant was lawfully offered by way of an offer letter subdivision 8 of Welston Farm. Prior to its acquisition by the second respondent the farm used to belong to first respondent. Despite the gazetting of the farm, the first respondent did not vacate the farm after the expiry of the periods set out in the law.
On 5 February, 2009, the applicant, in the company of others took occupation of the farm in the absence of the first respondent. It was on this basis that the first respondent, in case number HC 612/09, on 18... More
The applicant approached this court on an urgent basis seeking the relief couched in the following way:
“TERMS OF FINAL ORDER
That you show cause to this Honourable Court why a final order should not be made in the following terms:
1. Application to have the Chamber Application for Contempt of Court case no. HC8050/22 set down on the urgent roll be and is hereby granted More
This is a trial action in which the plaintiff is suing the defendant for:
(i) Payment of the sum of US$2985-00;
(ii) US$ 100,850-00 in damages for breach of contract;
(iii) Interest and costs. More
This matter came before me as an urgent chamber application. I then set it down and heard the parties’ legal practitioners on 26 August 2013. After hearing, the legal practitioners I dismissed the application with costs. More
This is a simple application for rescission of judgment obtained against the applicant by the first respondent in this court in case no HC 8216/11.
The law is clear and settled. The starting point in considering such an application is for the court to consider the reasons for the applicant’s default paving way for the granting of the default judgment. If this hurdle is not satisfied, the matter must end here. It is only when the court accepts that the default has some reasonableness in it that the court will then proceed to consider whether or not the applicant has... More
