The dispute revolves around an agreement of sale of an immovable property which was signed by the parties sometime in 2017. First respondent is a former employee of the applicant. Second respondent is the wife of the first respondent. First respondent was retrenched around 2017. Prior to the retrenchment, the applicant had advanced a loan to the first respondent. At the time of his retrenchment, the first respondent owed the applicant about US$492,000.00. The respondents signed an agreement for the sale of their property to the applicant in satisfaction of the outstanding loan amount. The parties also signed a loan... More
This is an old matter in which summons was issued in September 2018. The pre-trial conference was finalized in April 2021. The matter was set down for trial on 23 November 2021. The matter was on that date postponed to 15 February 2022 by consent. On 15 February 2012 the plaintiff’s co-counsel Ms Mabwe applied for a postponement on the basis that the plaintiffs needed to deal with a notice to amend plea which was raised by counsels for and on behalf of the 1st and 2nd defendants. The proposed amendment raised two issuesof law, firstly that the plaintiff has... More
This is an opposed application in which the applicant seeks the rescission of a judgment granted in default in case number HC 4922/11, together with costs of suit. At the hearing of the matter, I dismissed the application with costs and indicated that my reasons for so doing would follow. These are the reasons: More
On 18 January 2007 I issued an order dismissing this application and ordering costs against both applicants jointly and severally. I have been requested to give my reasons and these are they. More
