This urgent chamber application for stay of execution of the judgment in case number HC 5340/22 pending application for rescission of default judgment under case number HC 7083/22 was placed before me on a certificate of urgency.
Briefly, the first respondent who was the applicant in case HC 5340/22 filed an ex parte chamber application for an attachment of property to found jurisdiction with this Honourable Court on 12 August 2022 which was not brought to the attention of the applicant. The ex parte application was technically granted in default on 13 September 2022. It was made against Toyin Traders... More
This is an urgent chamber application for stay of execution purportedly made in terms of r 57 (2) (a) of the High Court Rules, 2021 (S.I. 202 of 2021). More
The appellant appeared before a Magistrate sitting at Esigodini on the 28th June 2019. She was charged and convicted with the offence of unlawful possession of dangerous drugs as defined in section 157 (1) (a) of the Criminal Law (Codification & Reform) Act (Chapter 9:23). Appellant was sentenced to 36 months imprisonment of which 12 months was suspended on condition of future good conduct. More
This is an application for review of the conduct of the First Respondent. Elfigio Zemba (the deceased) died intestate on 8 October 2020. On 18 December 2020, First Respondent convened an edict meeting at his offices for the administration of the deceased’s estate. Deceased’s relatives disputed that deceased was married and that Applicant and Third Respondent were the surviving spouses. Fourth Respondent is deceased’s child by his first wife. Applicant said that First Respondent directed that the concerned parties approach the Magistrates Court for a determination of whether or not there were surviving spouses. On 29 March 2021 a magistrate... More
The brief facts are that the first respondent obtained a default judgment on 6 September 2017 after the applicant was duly barred for failing to file its plea despite that the Notice to Plead and intention to bar had been received by the clerk of the applicant who accepted service on behalf on of the applicant . More
