3. This application will be better understood against the background that follows. The applicant contends that on the 3rd April 2021, he entered into a loan agreement with respondent. He was advanced USD5 500.00 which the parties agreed would be payable on the 24 April 2021, together with interest and the total payable would turn to be USD7 150.00. According to the applicant it was agreed that he would pledge his motor vehicle a Toyota Hilux motor vehicle Registration No. AEF 6948 (vehicle), as security for the due repayment of the loan. The applicant surrendered possession of the vehicle to... More
These are largely common cause as shown by the following sequence of events. On 29 August 2016, applicant caused summons to be issued out of this court against the respondents under case number HC 2163/16 claiming defamation damages in the sum of US$100 000-00. The respondents defended the claim and the matter progressed all the way to trial before MABHIKWA J who on 19th May 2019 upheld the applicant’s claim for damages against the 1st and 3rd respondents and awarded applicant the sum of US$16 000-00 as damages. More
Plaintiff issued summons for defamation against the three defendants. He complained that on the back page of the Southern Eye issue of 21 January 2015, the 1st defendant published a story under the headline.
“Outcry over Maphepha disqualification clumsy.”
Plaintiff complained further that the story dealt with the administrative difficulties faced by Highlanders as a club and an anonymous source therein was purportedly quoted stating that plaintiff was suspended for misappropriating funds from the Highlanders football club during his tenure as club chairman. More
DUBE-BANDA J:This is an urgent application. This application was lodged in this court on 21st September 2021. It was placed before me on the 22nd September 2021 and I directed that it be served on the respondent together with a notice of set down for the 28th September 2021. The application is opposed by the respondent. Applicant seeks an order couched in the following terms: More