This matter came before me as an opposed matter. I dismissed the application with costs and below are my reasons for the dismissal.
The first applicant contends that he is the son of the late Philip Mpofu. The 2nd to 4th applicants are his siblings whom he says have granted him authority to act on their behalf. Second applicant filed his own founding affidavit associating himself with the contents therein. The 3rd and 4th applicants’ Powers of Attorney granted to 1st applicant are filed of record.
The fist respondent is the estate of the late Joel Mpofu who was his... More
This urgent chamber application was filed on the 8th January 2019. I was only able to hear full argument in this matter on the 4th December 2019. I reserved judgment. This now is my ruling More
TAKUVA J: Plaintiff issued summons against both defendants on 25 June 2010. Plaintiff’s claim is for;
(a) An order that the defendant pays an amount of US 37 700-00.
(b) An order that defendant pays interest on the amount demanded in (a) above at the prescribed rate from date of summons until the amount has been paid in full.
(c) An order that defendant pay costs of suit.
Subsequently by consent of the defendants, plaintiffs amended their summons to read as follows;
(a) Defendants jointly and severally one paying the other being absolved an amount of US 66 702-00.
(b)... More
1. This is an urgent application. This application was filed during vacation. It was first set-down before MOYO J and the Judge directed as follows: that the matter is removed from the roll to enable 1st respondent to file opposing papers no later than 26 April 2022; the matter will then be placed before the next duty judge for set-down; and that the applicant can serve 1st respondent with the notice of set down and file a certificate of service. This matter was then placed before when I assumed my vacation duty. More
