The applicant seeks an order to the following effect:-
1. Applicants be and are hereby declared as majority shareholders of 2nd respondent jointly and severally owning 57,45% of the shares.
2. The share certificate purporting that 4th respondent is the 100% shareholder of 2nd respondent be and is hereby declared null and void. More
This was an opposed court application for the rescission of a default judgment made in terms of Order 9 Rule 63 of the High Court Rules 1971. I dismissed the application and below are my reasons for the dismissal.
The applicants contended that on 13 April 2013, respondent, (who is the plaintiff in HC 3534/12) got a default judgment in case No. HC 296/13 by way of summary judgment. It was the applicants’ contention that they only became aware of the said judgment on 20 October 2015 when a notice to attach and sell their immovable property was found at... More
1. This is an application for bail pending trial. The applicant is charged with the crime of contravening section 82(1) of the Statutory Instrument 362 of 1990 as read with section 128(b) of the Parks and Wildlife Act [Chapter 20:14] “Unlawful possession of ivory.” It being alleged that on the 4thJune 2022 the applicant in the company of an accomplice who is at large was found in possession of unmarked ivory. More
KABASA J: This is an application for bail pending trial. I handed down an ex tempore judgment after the matter was argued. I have decided to provide written reasons although such have not been requested for.
The applicant who is aged 40 is facing one count of armed robbery as defined in section 126 (1) of the Criminal Law (Codification and Reform) Act, Chapter 9:23 and a second count of attempted murder as defined in section 47 as read with section 189 of the same Act. More
It is important to give a background of the matter. The background is this:-
The applicant is a member of the 1st respondent, a co-operative registered in terms of the Co-operative Societies Act (Chapter 24:05) and so registered since 1994.
The 1st respondent owns a farm known as Lot 1 of Copthal Block 2 situated in Gwanda and measuring 4551,524 hectares. The members are into cattle ranching.
The members had a dispute over the keeping of members’ personal cattle on the farm and the dispute was resolved by CHIWESHE J (as he then was) under judgment number HB 71-2002. The... More