Judgment which I reserved in this matter has delayed owing to my reassignment to the Criminal Division soon after the hearing of the application. The follow up enquiries made by the parties as to when judgment would be ready are acknowledged and noted. The delay is deeply regretted by me and I note for the record my regret to the legal practitioners and parties of this matter for this occurrence. More
After reading documents and hearing counsels I delivered an ex tempore
judgment on the 18th of May 2017 granting the order sought on the following terms-
“IT IS ORDERED THAT:
1. The third respondent, and all those that claim through him, be and are hereby
evicted/ejected from:
CERTAIN piece of land situate in the district of Charter
CALLED the Remainder of Palgrave;
MEASURING one thousand six hundred comma eight six zero seven
(1 600.8607) hectares
and
CERTAIN piece of land situate in the district of Chilimanzi
CALLED Uamvar Estate;
2
HH 370-17
HC 415/14
MEASURING one thousand seven hundred and... More
The applicant seeks the rescission of a default judgment that was granted against it on 11 May 2022, under HC 4637/20. That default judgment was granted following the applicant’s failure to file its plea within the period prescribed by the rules of this court. Before the default judgment was granted, the applicant had, on 22 April 2022, filed a chamber application in HC 2676/22 for the removal of the bar operating against it in respect of its failure to file the said plea. The default judgment was therefore granted when the chamber application for the removal of the bar was... More
Applicant seeks a provisional order in the following terms:-
“Terms of the provisional order granted
1. Respondents be and are hereby ordered to forthwith hand over a property listed in Annexture ‘B’ to the founding affidavit to the applicant upon service of this order.
1(a) In the event of the respondents refusing or forbidding to comply with the terms of para 1 above, the Deputy Sheriff be and is hereby authorized to retrieve the said property from the respondents’ property and deliver it to the applicant.
2. Respondents are required to account for one applicant’s property sold prior to 14... More
