The accused is facing a charge of murder as defined in s 47 of the Criminal Law (Codification and Reform) Act [Chapter 9:23], it being alleged, that on 8 October 2014, at Charu homestead, he unlawfully and with intent to kill, or realising that there was a real risk or possibility that his conduct might cause death struck Chiki Charu on the back of the head with an axe thereby causing him injuries from which he died. More
The scrutinizing regional magistrate addressed a minute to the Registrar in which he highlighted some irregularities in the proceedings. Following an exchange between the scrutinizing regional magistrate and the trial magistrate, the latter conceded the anomalies that were highlighted to him. More
The applicant, a Trust, instituted the instant application seeking an order directing the first respondent to convene a meeting of the first respondent’s creditors on or before 15 November 2017 for the purpose of considering “the resolutions tabulated by the applicant.” That relief is being sought pending the determination of the matter. More
This is an application for the dismissal of the application for review which was filed by the three respondents under Case Number HC 9652/14. The application is being made in terms of Order 32 r 236 (3) (b) of the High Court Rules, 1971, on the ground that the respondents, having been served with the applicants’ notice of opposition and opposing affidavits, failed to file an answering affidavit or to set the matter down for hearing within one month after the filing of the opposing papers. The application is opposed by the respondents on the ground that after they had... More
This matter came before me through the urgent chamber book. The relief sought was that the second respondent be interdicted from removing the applicant’s property which had been placed under judicial attachment pursuant to an order granted in case number HC1863/16, and that the Sheriff be further interdicted from acting in any other manner on the strength of any writ issued in respect of this order. More
Legal practitioners should keep up to date with and give cognizance to rules of the courts. They should not waste the court’s time by bringing ludicrous applications before the court. The determination of cases should not be slowed or deferred unessentially because a legal practitioner has failed to assimilate the rules. This was the case in this matter. More
