: 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
The parties have had battles in the Magistrates Court and herein at the High Court. In this case the applicant applies for the matter filed by the respondents and not thereafter prosecuted to finality dismissed due to want of prosecution. The respondent opposes the request. Both parties claim for costs on client and attorney scale. 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
