The plaintiff instituted proceedings against the defendant for payment of the sums of US$2000-00 being money paid to the defendant towards the purchase of stand 574 Juru Growth Point (the stand) and US$2000-00 for improvements effected on that property. In her declaration, she averred that the parties had entered into a written agreement about December 2008 in terms of which she purchased the stand for US$4 500-00 which was to be paid by a deposit of $2000-00 with the balance of $2 500-00 being paid by March 2009. More
The Appellant was employed by Concorde Clothing (1975). On 6 September, 2011, the Chief Executive Officer of Concorde, Mr Patel was doing his routine visit of the operations at Bonar Industries and he saw the Appellant sitted while his colleagues were working. The Chief Executive Officer asked him why he was not working; the Appellant did not respond; he remained sitted. After a moment, he stood up, put his hands in his pocket and walked away without saying anything. More
Shumba owned a residential of property in South Africa. It was under mortgage. He failed to service his mortgage bond. The bank foreclosed on the mortgage bond. He was desperate to avoid the sale of his property by auction. He approached Jayesh Shah for a loan in order to save his property from imminent auction. They concluded an agreement in South Africa in terms of which Jayesh Shah remitted money to Shumba’s legal practitioners in South Africa. The property was not auctioned on the due date. Instead the legal practitioners passed a mortgage bond over the property in favour of... More
: The applicant is an incorporation under provisional liquidation and is, through its provisional liquidator, seeking an interlocutory interdict preventing the second respondent from transferring, encumbering or dealing with stand 5205 Salisbury Township of Salisbury Township lands (“the property”). It also seeks an interlocutory interdict preventing the fourth respondent, a commercial bank, from releasing the purchase price of US$280 000-00 to anyone or registering any bond or other form of security on the title deed of the property and another interlocutory interdict against the third respondent, the Registrar of Deeds, from processing any transfer, mortgage bond or other security on... More
This is an application for condonation for late noting of appeal. For such an application to succeed, applicant has to;
1) Reasonably explain the delay and
2) Show that he has prospects of success on appeal.
Applicant submitted that he was not aware of the time frame within which to note his appeal. He also submitted that he did not have the financial resources to get in touch with his worker representative. The above reasons do not constitute reasonable explanation for the delay. The Applicant received the determination in November 2011. He failed to file his appeal his appeal within... More
This is an appeal against an award by an arbitrator. Before the merits of the appeal were argued, the respondent raised a point in limine. The respondent argued that the appellant had neither complied with the arbitral award nor applied for the suspension thereof pending the determination of the appeal. The respondent argued that an appeal against an arbitral award does not suspend its operation. It was submitted that under the circumstances, the appellant was not properly before the Court until it had purged its contempt. Mr Mugandiwa who appeared on behalf of the appellant argued that an appeal against... More
