MOYO J: At the hearing of this matter the 1st and 2nd respondents’ counsel raised points in limine the first of which was that applicants have no locus standi.
The applicants are seeking an order for the rescission of the judgment of this court in HC 2291/08 wherein this court declared that the land being the subject matter of this dispute is not subject to any acquisition. Applicants are settlers on the said piece of land. The 1st and 2nd respondents raised points in limine the first of which was challenging the locus standi of the applicants More
This is an application for absolution from the instance at the close of the plaintiff’s case.
The factual background to this case is that on 12th September 2017, the plaintiff caused summons to be issued out of this court against the defendant. In his claim, plaintiff sought payment of the sum of US$150 000 being damages for malicious prosecution arising from plaintiff’s prosecution in the Magistrates’ Court. Plaintiff claims that the prosecution was at defendant’s instigation and that there was no reasonable or probable cause for his prosecution, which was activated by malice. The plaintiff was acquitted on the criminal... More
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
