This is a bail application pending trial. The applicants are charged with the crime of attempted murder as defined in s 189 as read with s 47 of the Criminal Law (Codification and Reform Act) [Chapter 9:23]. It being alleged that on 5 March 2023 the applicants acting in common purpose unlawfully attempted to cause the death of the complainant by assaulting him with logs and open hands all over the body. More
MAKONESE J: This matter has been brought before this court as a stated case in terms of Rule 199 of the High Court, Civil Rules, 1971. The rule provides that parties to a civil action or suit, may after summons has been issued, concur in a statement of the questions of law arising therein in the form of a special case for the opinion of the court. Rule 199 (3) makes further provision that upon the argument of such case, the court and the parties shall be at liberty to refer to the whole contents of such documents, and the... More
The respondent obtained a default judgment which it now clings on to for dear life resulting in this application for rescission of that default judgment.
The facts
In 2008, the parties voluntarily entered into an agreement wherein the respondent offered its land for development by the applicant. Some of the material terms of the parties’ agreement were that;
1. The applicant was obliged to service the whole designated area and provide sewer and water connection, storm water drains and culverts in addition to developing roads according to the specifications.
2. The applicant would commence servicing the land in issue within... More
The background of this matter is that 2nd respondent obtained an order against the 2nd applicant for payment of the sum of USD 29 920.65. Pursuant thereto, 2nd respondent obtained an order in terms of section 318 of the Companies Act, effectively rendering the 1st and 2nd applicants personally liable and indebted to 2nd respondent in their capacity as directors of the 2nd applicant company. Following that court order, 2ndrespondent engaged the 1st respondent for the attachment of the 2nd applicant’s movable property. The property was sold in execution on 23 March 2018 and the sale was confirmed the sale... More
This is an application for bail pending trial. The applicant Naphitaly Longwani, a Zambian national is jointly charged with one Bhekumuzi Dube, a Zimbabwea national. The duo were arrested and initially charged with robbery committed in aggravating circumstances as defined in section 126 (1) of the Criminal law (Codification and Reform) Act (Chapter 9:23). The state has indicated its intention to drop the robbery charge. The state has indicated that an amendment to the charge has been made and the applicant is now facing a charge of theft of a motor vehicle. The state is opposing the application for bail... More
