DUBE-BANDA J: This is a court application for extension of time within which to file leave to appeal. The application was filed on 6 October 2020. Respondent filed a response on 20 October 2020. Applicant filed heads of argument on 23 October 2020. This matter was set-down for 12 November 2020. It was postponed to 26 November 2020. On 26 November, the matter did not take off. On 17 February 2021, I informed the parties, via the office of the Registrar that I intended to dispose of this matter on the papers, without oral submissions. I directed that parties file... More
MAKONESE J: This is an application for summary judgment wherein applicantseeks that summary judgment be entered in favour of the applicant against the respondent. The application is made on the basis that the respondent does not have a defence to applicant’s claims. It is intended by the applicant that appearance to defend was solely entered for the purpose of delay and as an abuse of court process. For this reason costs are sought against respondent on the punitive side of legal practitioner and client scale.
The application is strenuously opposed by respondent. Respondent avers that there is a dispute between... More
This is an urgent application for spoliatory relief. The applicant seeks a provisional order couched in the following terms:
Terms of final order sought
1. That the interim relief be and is hereby confirmed on the return date to the effect that:
1.1. Second respondent retain in its possession, applicant’s motor vehicle, being an Isuzu Double Cab with Registration number AFK 3062, pending the determination of the dispute between the parties under Case No. 891/19 (Case No. Civ 57/19);
1.2. It be and is hereby declared that applicant is the owner of the above motor vehicle; and
1.3. The agreement... More
1. This is an urgent chamber application for stay of execution pending review. The applicant seeks a provisional order couched as follows:
Terms of final order sought More
This is an urgent chamber application for stay of execution in respect of paragraph 4 of a court order under HC 663/20. This order cancelled a certificate of registration of Olympia 7 Mine. The stay is sought pending the determination of an application for upliftment of a bar currently operating against the 1st and 2nd applicants for failure to file opposing papers on an application for confirmation of a provisional order under HC 663/20 as required by the rules of this court. More
