On 5 October 2017 I dismissed an urgent application filed under Case No. HC 101/10 for want of prosecution and gave my oral reasons for doing so. I indicated that I would give written reasons for doing so for a fuller appreciation by the parties of those oral reasons. More
The applicant approached this court on an urgent chamber application seeking an order that:
INTERIM RELIEF
That pending the final determination of the Applicant’s Court Application for condonation for late noting of notice for review and subsequent Application for Review-
1. The 2nd respondent be and is hereby ordered to stay disbursement of sale proceeds out of the sale of house number 8094 9th Circle, Glen View, Area 8 immediately upon service of this order.
2. The 4th respondent be and is hereby ordered to stop forthwith any occupation process of the house. More
The parties in this matter, are a fairly young couple who have decided to end their marriage which was solemnized in terms of the Marriage Act [Chapter 5:11] in August 2006. More
The plaintiff issued summons against the defendant claiming $2 000 000, interest and costs for defamation damages arising out of the publication of three articles by defendant’s stable of newspapers which she alleged damaged her reputation and dignity. She subsequently amended her summons to reduce the quantum of damages claimed to $100 000. More
This is a trial action in which the plaintiff is suing the defendant for:
(i) Payment of the sum of US$2985-00;
(ii) US$ 100,850-00 in damages for breach of contract;
(iii) Interest and costs. More
In the exercise of the power conferred upon it by its own governing act to grant declaratory orders, should this court set aside its own previous declaratory order and substitute in its place a completely different declaratur, if the effect of doing so would amount to ‘doing violence to the sense and substance of the original order? Put differently, is it a competent exercise of parallel jurisdiction to grant a declaratur whose effect would be to nullify another declaratur already issued by this court which is extant? A litigant who is aggrieved by the conferment of rights, title and interest... More
This matter came to me via the urgent chamber book, seeking an interim order, that the first respondent be interdicted from carrying out any of the functions of a Judicial Manager as set out in s 306 of the Companies Act, and that the Master of the High Court assume custody of the assets of the second respondent. More
