In the exercise of the power conferred upon it by its own governing act to grant declaratory orders, should this court set aside its own previous declaratory order and substitute in its place a completely different declaratur, if the effect of doing so would amount to ‘doing violence to the sense and substance of the original order? Put differently, is it a competent exercise of parallel jurisdiction to grant a declaratur whose effect would be to nullify another declaratur already issued by this court which is extant? A litigant who is aggrieved by the conferment of rights, title and interest... More
The plaintiff issued summons claiming damages arising from a motor vehicle accident which occurred on 18 May 2007. The plaintiff’s claim is founded on allegations that the accident was solely due to the negligence of the 1st defendant in that:
(a) he attempted to overtake another vehicle in the face of the plaintiff’s vehicle;
(b) he drove at an excessive speed; and
(c) that he failed to take evasive action or act reasonably when an accident was imminent . More
The background to this matter is as follows. On 24 April 2018 this matter was placed before me under a certificate of urgency. I gave directions relating to the hearing of the matter. Before the date of hearing counsel for 4th and 5th respondents indicated in writing that they will apply for a joinder. At the hearing Mr Muchadehama made a formal application as promised. The application was granted principally for the reason that the parties are involved in ongoing litigation in the two reference files cases both brought by the applicant. In HC 595/17 the applicant sought an order... More
This matter came to me via the urgent chamber book, seeking an interim order, that the first respondent be interdicted from carrying out any of the functions of a Judicial Manager as set out in s 306 of the Companies Act, and that the Master of the High Court assume custody of the assets of the second respondent. More
“IT IS ORDERED THAT
The first and second respondents be and are hereby declared personally liable to pay the applicant:
(a) The sum of Two Million, Seven Hundred and Fifteen Thousand United Sates Dollars (US$ 2 715 000,00).
(b) Interest on the sum of US$2 715 000.00 at a rate of 15% per annum from the 27th May 2013 to date of payment in full.
(c) Costs of suit on a legal practitioner client scale.” More
