MABHIKWA J: Applicant made an urgent chamber application against the two (2) respondents whom he says he knew only as Chef Gona and Mpofu respectively. He claims that he became a beneficiary of plot number 1 Umguza, Lower Nondwane of Unguza in the year 2020. He however says he was not given an offer letter when others were given, he still does not know why. More
Applicants in this case are leaning on a slender reed. In fact, it take a measure of extreme boldness to bring an application of this nature with the hope that somehow the court would entertain the matter and grant the relief sought. More
MABHIKWA J: The applicant filed this application which was served on the respondent on the date of hearing. He opposed the application. It was proposed and agreed that the parties file heads of argument and the matter be determined on the papers. This court then gave directions as to the filing of the notice of opposition, answering affidavit if any, and the heads of argument. More
Applicants filed what they term “Chamber Application For The Removal Of H. Bhikha Enterprises Pvt Ltd Trading As Tilus From Judicial Management.” According to the 1st applicant’s Founding Affidavit, the basis of the application is that;
“1. H. Bhikha Enterprises Pvt Ltd has paid all its approved creditors.
2. H. Bhikha Enterprises Pvt Ltd is now a going concern. Its liabilities are no longer exceeding its assets.
3. The court order that is order No. HC 3343/17 has been fulfilled and consequently H. Bhikha Enterprises Pvt Ltd trading as Tilus Supermarket must be discharged from Judicial Management.”
In that regard,... More
KABASA J: This application was filed on 27th January 2021. Due to the measures put in place in terms of Practice Direction 2/2021 I advised the parties that I intended to dispose of the matter on the papers. I instructed the applicants to serve the application on the respondents who were to file their opposing papers by 29th January if they were so inclined.
The first, third and fourth respondents duly filed their opposing papers, paving way for me to proceed to determine the matter.
The background facts are these: - In 2017 the third respondent fell into financial problems... More
