KABASA J: On 6th June 2017 the plaintiff issued summons against the defendant in which he claimed the payment of $59 400 being money owed following the rescission of sale of a piece of land.
The genesis of the claim was elaborated in the plaintiff’s declaration. I must say the declaration was a little confusing as it stated that the plaintiff had sold a piece of land to the defendant and the defendant owed the plaintiff $59 400 inclusive of legal costs for the purchase of this piece of land. More
1. This is an application for bail pending trial. Applicant is being charged with the crime of murder as defined in section 47(1) of the Criminal Law [Codification and Reform] Act [Chapter 9:23]. It being alleged that he fatally assaulted the (Prince Dube) deceased with a stone leading to his death. More
The applicant and the respondents have previously been involved in litigation over mining claims known as Cleveland II, Cleveland 13 and Cleveland. In case number HC 2565/22 the applicant who was the 1st respondent therein had judgment granted against him wherein he was divested of his claim to the mining claims. More
This is an application for leave to execute pending appeal. The application is made pursuant to a judgment I granted with costs in favour of the applicant on 11 May 2020 under judgment number HB 63/20 and case number HC 1776/19. The applicant had sought an order declaring the directive of the 2nd respondent halting the applicant’s and 1st respondent’s mining operations on a certain contested claim to be invalid, which application I granted, ordering the applicant to resume mining operations. The 1st respondent appealed against the judgment, effectively suspending its execution. The applicant seeks leave of this court to... More
This is an application for a declaratory made in terms of section 14 of the High Court Act (Chapter 9:06). The applicant seeks to nullify the decision made by the 1st respondent on 27th January 2018. The nature of the relief sought in the draft order is in the following terms:
“It is ordered that;
1. The order issued by the 1st respondent on 17th January 2018 be and is hereby declared unlawful and invalid.
2. The applicant be and is hereby allowed to rescind mining operations at Clifton 15 Mine.
3. The respondent be and is hereby ordered t... More