This application for rescission of judgment was brought under Order 49 r 449 which deals with rescission on the grounds such as, among others, that the order was erroneously sought or erroneously granted in the absence of a party affected by the judgement. More
The plaintiff issued summons against the defendants for an order directing that the first and second defendants sign all the transfer papers to facilitate transfer of Stand No. 4306 Fountainbleau Estate into plaintiff’s name upon granting of this order. More
Plaintiff’s claim against the defendant is in two parts;
Firstly plaintiff claims for payment of $7 789.15 being the value of 14.162 tonnes of wheat sold and delivered to defendant, and $15 500.00 being the value of 30 tonnes of compound fertilisers purchased by plaintiff from defendant which defendant failed to deliver. Secondly the plaintiff sought damages in the sum of $2 790 000.00 for loss of production due to breach of contract by the defendant. More
There has been an inordinate delay in delivering judgment in this matter. It was a criminal appeal from the magistrates’ court. We heard argument on 2 August 2017 and reserved judgment. My Brother, MAWADZE J, was the lead judge in the case. It was hoped to deliver judgment in the forthcoming weeks. It was not to be. A dreadful family tragedy struck and scuttled all the work in progress, leaving the station somewhat disoriented for some considerable time afterwards. A horrific traffic accident claimed the lives of the Judge’s beloved wife; his driver and his sister-in-law. May the souls of... More
The Applicant seeks to evict the first respondent from a piece of land he was allocated in 2012 by way of an offer letter from the second respondent dated 24 September 2012. More
At the pre-trial conference convened before me the defendant intended to apply for amendment the plaintiff raised two points in limine. I decided to write a judgment due to the long and winding background to the case.
To put the matter into perspective, I must set out its genesis. The parties appeared before MUSHORE J in a pre-trial conference. The defendant made an application to amend its plea. By order dated 5 July 2018 (it is unclear whether the year is correct or there was a typographical error because it is evident that the matter was heard in July 2017)... More
The appellant was convicted for driving without due care and attention as defined in section 51 (1) of the Road Traffic Act [Chapter 13:11]. He was sentenced to pay a fine. He was unhappy about his conviction and appealed. More
