This is an urgent application. The applicant seeks a provisional order couched in the following terms:
Terms of the final order sought
That you show cause to this Honorable Court why a final order should not be made on the following terms: -
i. That 1st respondent levies applicant in terms of the Tariff of Sheriff’s Fees and Charges.
ii. That the fee should be in terms of section 6(1)(a) of SI 195 of 2022 as read with section 6(1)(b)(ii) of the Statutory Instrument.
iii. Costs on a punitive scale against respondent jointly and severally. More
MAKONESE J: The applicant is the Executrix Dative of the late Memory Ngwenya who died on the 18th of July 2021. The late Memory Ngwenya was a prominent business woman owning various immovable properties in Bulawayo. A bitter struggle for the control of these properties and other business concerns has led to a flurry of cases being filed in this court. More
The salient facts upon which this application must be determined are common cause. The applicant is the Executrix Dative of the estate late Memory Ngwenya who passed away on the 18th of July 2021. She was appointed to that office on the 18th of November 2021. During her lifetime, the late Memory Ngwenya had been the sole shareholder and secretary of the 1st respondent company. She was one of the two directors of the 1st respondent. After her demise, there was a Curator Bonis who was appointed by the Master of High Court to prepare a report about her assets. More
This is an urgent court application for a declaratory order in terms of Section 14 of the High Court Act [Chapter 7:06] as read with Rule 59(6) of the High Court Rules, 2021.
At the hearing of the matter counsel for the Respondents raised 6 preliminary points:
(a)That the Applicants failed to file proof of service with the Registrar of this court within 5 days of service of such application on the other parties in violation of Rule 58 (14) of the High court Rules, 2021. That the matter should now be deemed abandoned per sub rule 15 of the... More
MABHIKWA J: The applicant in this matter was charged with and convicted of the crimes of firstly contravening section 65 of the Criminal Law (Codification and Reform) Act, Chapter 9:2 – “Rape” and secondly contravening section 67 (1) (a) (i) of the same Act, “Indecent assault.” The applicant was subsequently sentenced by the Regional Magistrate’s Court sitting at Bulawayo to 16 years imprisonment of which 3 years imprisonment were suspended on conditions. Having filed a Notice of appeal against both conviction and sentence, the applicant has filed the current application for bail pending appeal. More
