The applicant approached this court seeking a vindicatory order to recover possession and control of property called the Remainder of Umzari situate in the District of Lomagundi under Deed of Transfer 169/69 (hereinafter referred to as “the property”), alternatively applicant seeks for damages in the sum of US$6 900 000 (Six Million Nine Hundred Thousand United States Dollars). The applicant is the registered owner of the property which is 250.0353 hectares in extent and is claiming to vindicate the property. The respondent is a local authority currently in possession of the property which it subdivided into residential stands and sold... More
On 26 January 2007, in case No. HC 342/07, Hlatshwayo J inter alia ordered, by consent, the consolidation of Case No. 5883/06 and 7624/06.
THE PROVISIONAL ORDERS
CASE NO. 5883/06
On 15 September 2006, the applicants filed an urgent chamber application in which they sought certain relief. A provisional order was granted on 19 September 2006 by Hungwe J. More
The facts in this mater are that on 30 August 2008, the National Incomes and Pricing Commission (the Commission) issued, in The Herald, a schedule of school fees that it had fixed for the schools identified in that schedule. The schedule was accompanied by a statement by the 1st respondent that the flouting of the fixed fees would result in the prosecution of school heads and cashiers. Fearing the arrest of school heads and cashiers at the instance of the respondents, and the disruption of operations of schools as a result of the arrests, the applicant filed this urgent chamber... More
This is an application for rescission of default judgment brought in terms of Order 9 rule 63 of the High Court Rules 1971. The application is opposed. The relief sought is that: More
This is an appeal by the Attorney General against the judgment of the Magistrates’ Court granting bail to the respondent.
This court will interfere with the decision of a Magistrates’ court to grant or refuse bail only if the Magistrate committed an irregularity or misdirection or exercised his discretion so unreasonably or improperly as to vitiate his decision. S v Malunjwa HB 34-03; S v Ruturi HH 23-03; S v Makamba SC 30-04. More