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
On 28 September 2010 I granted an order for summary judgment in favour of the plaintiff. An appeal has now been filed and reasons for my judgment have been requested and these are they.
In this application, the plaintiff seeks summary judgment for an order in the following terms: More
The applicant in his founding affidavit states that he is a dully consecrated and enthroned Bishop currently heading the Anglican Diocese of Manicaland.
The second applicant is the Anglican Board of Trustees for the Diocese of Manicaland whereas the first respondent is the Church of the Province of Central Africa. More
It is crucial in this matter to begin with the opposite remarks of WESSELLS J in Whittaker v Ross & Anor1911 TPD 1092 at 1102-1103 that:-
“The object of the court is to do justice between the parties. It is not a game we are playing, in which, if some mistake is made, the forfeit is claimed. We are here for the purpose of seeing that we have a true account of what actually took place, and we are not going to give a decision upon what we know to be wrong facts.” More
The applicant is seeking a stay of execution of a judgment granted in default on 31 May 2010.
Summons that gave rise to the default judgment were served on the second respondent whose address of service was cited as Stand 223 Makoni Shopping Centre, Chitungwiza. However, the writ of execution, notice of seizure as well as notice of removal give the second respondent’s address as stand number 20924 Unit ‘G’ extension Shopping Centre. More
