MAKONESE J: This is an application for a declaratur. The applicant seeks an order in the following terms:
“IT IS ORDERED THAT:
1. The conduct of the respondent to withhold the applicant’s vehicle on condition that that he has to pay duty in foreign currency be and is hereby declared ultra vires the law prevailing at the time and therefore illegal.
2. The ordinary meaning of the phrase” within 42 days of importation “of goods in section 3 (3) of SI 252A, be declared not to be reckoned from 23rd November 2018, but from the date of importation.
3. The... More
This matter was set down for hearing on the opposed roll on 8 June 2022. On that date, respondent had not served applicant with her heads of argument which were said to have been filed on the 25th of January 2022. Applicant therefore raised a preliminary point to the effect that respondent is barred for non-compliance with r59 (20) of SI 202/2021 for failure to serve her heads of argument immediately after filing of the aforesaid heads of argument. More
MAKONESE J: This is an application for the late noting of an appeal. The application is opposed by the state on the grounds that there are no reasonable prospects of success. Further and in any event, there are no recognizable grounds of appeal in the application and no reasonable explanation has been advanced for the failure to note the appeal timeously. More
The see-saw which characterizes the case of the applicant and that of the respondent is unprecedented. It is unprecedented in the sense that it appears to have little, if any, end-in-sight. Indeed, its characteristics fall into the realms of the court’s dictum which is to the effect that there should be finality to litigation. More
1. This is a chamber application for condonation and extension of time within which to note an appeal against the decision of the Magistrates’ Court. This application was placed before me and I dismissed it. The applicanthas written to the registrar requesting written reasons for that decision. More
