This case has been triggered by the developments in a case involving the respondent in the Magistrates Court which was heard and concluded in favour of the respondent on 11 October 2011. The lower court case bears reference number MC 16435/11. More
Applicant seeks an order declaring two agreements of sale of land between itself and first respondent invalid. It also prays for the refund of purchase price in the sum of US$220,000. The application is resisted by first and fourth respondents. The rest of the respondents elected to stay out of the broil. I will advert to the role and relevance of the respective parties as the judgment unfolds. More
This is a ruling on a point of law raised in a parent dispute whose fuller facts I set out under judgment number HH 93-24. In essence, applicant approached the court on motion seeking an order declaring two agreements of sale of land between itself and first respondent invalid. It also prayed for the refund of purchase price in the sum of US$220,000. This is the extant dispute between the parties More
This case can best be described as an attempt to “close the stables when the horse has bolted”.
This is an urgent Chamber Application seeking the stray of execution of a High Court Order granted on 16th December 2022 under case number HC 5202/22. The urgent chamber application also seeks that the second respondent be interdicted from selling Applicant’s goods that were placed under judicial attachment on the strength of the Court Order in question and the subsequent writ of execution. More
These are the reasons.
The applicant filed a written application for leave to appeal my judgment under HH 417/18 wherein I found its urgent chamber application as not urgent. I ordered that it be removed from the roll of urgent matters. I also ordered that the applicant pays the first and second respondents’ costs on the higher scale.
The facts of the matter are set out in my judgment under HH 417/18.
The determining factor in an application for leave to appeal is the existence of prospects of success on appeal. More
