Welcome to Midlands State University Library

Court Judgements



Browse Court Judgements by court
MAKONESE J: This is an urgent chamber application for an interdict. The draft order is in the following terms: “INTERIM RELIEF 1. That the respondents be and are hereby interdicted from carrying out mining activities at True Double Investments Mine at the exclusion of 1st and 2nd applicants and/or denying the applicants the right to benefit from the activities of the 2nd respondent being carried out at the mining site pending the return date. 2. That there be no order as to costs if the application is unopposed. TERMS OF FINAL ORDER SOUGHT 3. That the 1st respondent and anyone... More

The plaintiff instituted proceedings against the defendant claiming the following relief:- “1. An order compelling the defendant to pass transfer to the plaintiff or his nominee, of a certain immovable property, being Lot 3 of Lot 1 of Swaite, measuring 45,4835 hectares situate in the District of Umzingwane. 2. An order directing the defendant to, within 21 days of the date of this order, execute all documents, and take all steps necessary to procure the transfer of the above-described property to the plaintiff, and authorising the Sheriff to execute all documents and take all actions in the defendant’s place and... More

KABASA J: The plaintiff got acquainted with one of the Directors of the defendant, Enos Mzondi Nkala in the 1980s. The two subsequently became friends. During the course of that friendship Nkala needed financial assistance, which the plaintiff provided. Mr. Nkala was unable to pay back what he had been given by the plaintiff and that saw the parties later agreeing on a business arrangement. Sometime in 2007 they entered into an oral Memorandum of Understanding wherein Mr. Nkala’s indebtedness to the plaintiff comprising of thefollowing: More

This is an application for bail pending trial. Applicant is facing a charge of unlawful possession of raw ivory in contravention of section 82(1) of the Parks and Wildlife (General Regulation SI 362/1990) as read with section 128 of the Parks and Wildlife Act (Chapter 20:14). The applicant denies the charges and avers that he has been wrongly implicated. The State opposes this application for bail on the basis that there are compelling reasons for applicant’s continued detention. More

This is an application for the confirmation of a provisional order granted by this court on 27th March 2020. The interim order is in the following terms: That pending determination of this application the following relief is granted: “1. That 1st and 2nd respondents and all those acting through them be and are hereby interdicted from conducting any mining operations at Bonsor South Mine and Bonsor South West Mine. 2. Should 1st and 2nd respondents and all those acting through them fail to comply with paragraph 1 above, respondents be found in contempt of court and should be arrested.” More