6. This application will be better understood against the background that follows. On the 18thJune 2015, the 3rd respondent obtained a default judgment for the sum of US$ 18 543.15 together with interest at the rate of 25% per annum and costs on a legal practitioner and client scale against the applicants. It is clear from the papers that the 1st respondent placed the applicants’ immovable property namely Stand 11075 Bulawayo Township of Bulawayo Township lands measuring 1603 square metres and held under Deed of Transfer No. 2440/2005 (the property) under judicial attachment. On two occasions the 1st respondent sold... More
: This is an application to set aside the decision by the Sheriff of the High Court confirming a sale in execution. The application is in terms of Rule 359(8) of the High Court Rules, 1971. The application is opposed by the 3rd respondent who argues that there is no basis for setting aside the sale in execution as the decision by the 1st respondent was reached flawlessly and that as such, the decision could not be faulted. More
This is a Court application for summary judgment in terms of Order 10 Rule 64 (1) of the High Court Rules 1971. The rule permits an application for summary judgment for what is claimed in the summons and costs. Such an application can be made at any time before a Pre-Trial Conference is held. More
This is an application for rescission of judgment granted in case number HC 2150/07 and subsequently corrected in HC 1148/08. The rescission is sought in terms of Rule 449 of the High Court Rules, 1971.
Rule 449 (1) (a) provides that:-
“The court or a judge may in addition to any other power it or he may have, mero motu or upon the application of any party affected, correct, rescind, or vary any judgment or order-
(a) that was erroneously sought or erroneously granted in the absence of any party affected thereby....”
The applicant, as articulated in his founding affidavit,... More
This is an application for review in terms of O33 r256 wherein the applicant seeks the setting aside of a judgment handed down by the 2nd respondent sitting at Kwekwe Magistrates’ Court on 17th December 2010 on the following grounds: More
