The applicant, a legal entity, is a relentless litigator. It has been in and out of this court on not less than five occasions. It has taken some of its cases to the Supreme Court on not less than two occasions. In all the stated effort, its aim and object, it states, were to wrestle Stand 11, Bulawayo Light Industrial Site of Bulawayo Township Lands (“the property”) which is held under Deed of Transfer 462/1977 from the first respondent to itself. More
This is an application seeking to interdict the respondents from evicting the applicant from a property sold at a sale in execution. The applicant further seeks an order setting aside the transfer of the property sold in execution without setting aside the sale in execution itself. The order sought by the applicant is in the following terms:
“IT IS ORDERED THAT
1. The 1st respondent be and is hereby interdicted from evicting the applicant or those claiming through it from stand 11, Bulawayo Light Industrial Site of Bulawayo Township Lands, Bulawayo pending the finalization.
2. The transfer of Stand 11,... More
This is a chamber application in terms of rule 164 as read with rule 165 (1) of the High Court Rules, 1971 (Rules). It is contended that (a) applicant filed and served upon respondent a notice to make a further discovery in terms rule 162 on the 8th July 2020; (b) the respondent has not yet filed its notice of a time for inspection in terms of rule 164. Applicant seeks an order drawn in the following terms:-
1. The Respondent shall file its Notice to Inspect in terms of Rule 164 (1a) within 5 days of the service of... More
This is an application for a postponement of a trial.Even though the postponement itself was dealt with fairly comfortably by counsel, the costs occasioned by the postponement became a bone of contention. Hence this judgment.
This matter was set-down for trial for the 2nd and 3rd February 2022. The trial was set to start at 10 O’clock. Defendant was not in attendance. Adv. Dube counsel for the defendant informed the court thather brief was to apply for a postponement of the trial.The brief to Adv. Dubeto appear in court and seek a postponement was given telephonicallyby Mr Ncube of Ncube... More
1. This matter was set down on the unopposed motion court and was being postponed to enable plaintiffs’ counsel to file supplementary heads in support of the order sought. The matter was finally heard by me on 16 June 2022. After hearing submissions in support of the order sought by the plaintiffs I reserved judgment. More
