This trial commenced on 17 May 2012. After legal procrastination of over six (6) years the matter has finally come to its conclusion. These slow motion trials should be discouraged. The parties must endeavour to bring the matters to expeditious conclusion. In its pre-trial conference minute plaintiff on the one hand stated that it anticipated the duration of the trial to be four (4) days. On the other hand the defendant indicated that the trial would take about two (2) days. Unfortunately the trial took far much longer than what the parties anticipated. More
On 18 December 2015, the applicant filed an application for rescission of judgment in this Court. The application was opposed by the respondent.On the date of the hearing and before the application could be heard on merits, the respondent raised preliminary points and urged the court to make a specific finding that the applicant’s case was not properly before the court, and therefore sought its dismissal on that point.
The point in limine raised by the respondent’s counsel concerned the interpretation of order 9 Rule 63(1) of the High Court Rules, 1971 which is framed as follows:
“63 court may... More
This is an appeal against the decision of the Magistrate’s Court Bulawayo given on the 17th of July 2018. The appellant raises 4 grounds on this appeal namely that:-1. The court a quo grossly erred and misdirected itself in finding that improper pressure was exerted on the respondent into signing the acknowledgement of debt.
2. The court a quo further erred and grossly misdirected itself in holding that the audit process conducted by PNA Chartered Accountants shambolic and could not be relied upon.
3. The court a quo further erred and grossly misdirected itself in failing to find and uphold... More
This is an urgent application wherein the applicant seeks the following interim relief:
“Pending the confirmation or discharge of this order, that it shall have the effect of,
- Restraining the 1st respondent from allocating the annual quota in respect of Tsholotsho North concession area, being the area leased by the applicant from 1st respondent, to any third party and or issuing hunting permits for the same area leased by applicant.” More
The appellants have noted an appeal to this court against the whole judgment of the Magistrates’ Court sitting at Bulawayo on 2 October 2017.
The grounds of appeal are essentially these:
(a) The learned magistrate in the court a quo erred in dismissing the application for rescission of judgment.
(b) The learned magistrate erred in failing to appreciate that the default judgment was entered erroneously. More
