This is an application for the uplifting of the automatic bar. The applicant had failed to enter an appearance to defend respondent’s summons whichhad claimed payment of an amount of US64 000-00 as damages for breach of contract. The summons had been served on applicant’s sales man, one MisheckSande [Sande]. Sande is said to have passed on the summons to the receptionist. The receptionist was notmentioned. There was no information on what the receptionist had done with the summons. More
This is an application for stay of criminal proceedings instituted against the applicants pending the determination of a review application that has been filed with this court. More
This is an application for rescission of a judgment granted in default in a matter concerning revocation of a donation made by a parent to child. The applicant denies being in default on account of the fact that the summons were never served upon him at his last known address in accordance with the rules. More
Applicant seeks summary judgment in the following terms:
“(a) Payment of the sum of US$22 700-00 being outstanding balance in respect of fees for town planning consultancy services rendered to defendant at its specific request and instance;
(b) Interest thereon at 5% calculated from 12 September 2012 to date of payment in full;
(c) Costs of suit.” More
The law on applications for bail pending appeal is fairly settled. There is plethora case law on the principles that govern applications of this nature. The case of S v Dzawo 1988 (I) ZLR 536 clearly spelt out the factors for consideration namely:
(1) Prospects of success on appeal;
(2) Likelihood of abscondment
(3) Likely delay before appeal is heard;
(4) Right of an individual to liberty. More
