This is an opposed application in which the applicant seeks to have a decision of the arbitrator set aside in terms of s 34 of the UNCITRAL Model Law, on the grounds that it offends public policy. More
On 23 January 2014 I granted an order in favour of the plaintiff. I did indicate that my reasons would follow. Here they are:
It never ceases to amaze me how simple contractual agreements entered into by parties with honest intentions end up being sources of disharmony warranting the intervention of our courts as adjudicators. More
The applicants approached this court on a certificate of urgency seeking the stay of execution of a judgement granted by consent pending an application they made in terms of rule 449(1) (b) of the High Court rules 1971. More
The applicant has approached this court on an urgent basis seeking what is in essence spoliatory relief, restoration to a portion of the respondent’s hotel known as Rainbow Towers Hotel and Conference Centre situated at the second mezzanine floor of the prestigious hotel. The applicant also seeks an order allowing it to continue operations at that portion of the hotel without interference and to be allowed free access to its tools, material and machinery which it placed at that location and related relief. More
The applicant seeks leave to appeal. At the hearing of the pre-trial conference in this matter, the applicant made an application to amend its plea (applicant is the defendant in the main matter.) I dismissed the application on 14 September 2018. On 21 September 2018 parties appeared before me for continuation of the pre-trial conference, the applicant then made an oral application for leave to appeal.
This is a matter that has taken a couple of turns and twists that have hindered its proper resolution on the merits. This is the second time parties intend to go on appeal to... More
This is an application for condonation for late noting of an appeal. The applicant was convicted of eight counts of armed robbery and ten counts of attempted robbery. He was found to have been on a car-jacking spree between 14 and 30 April 2003 in Bulawayo in the company of some foreigners. He was sentenced on 20 January 2006 as follows:
“Counts 1, 2, 3, 5, 6, 7, 8 and 10 – five years imprisonment (each count).
Counts 4 and 9 as one for sentence - five years imprisonment
Total 45 years imprisonment. Of the total of 45 years imprisonment... More
This was an opposed court application for the rescission of a default judgment made in terms of Order 9 Rule 63 of the High Court Rules 1971. I dismissed the application and below are my reasons for the dismissal.
The applicants contended that on 13 April 2013, respondent, (who is the plaintiff in HC 3534/12) got a default judgment in case No. HC 296/13 by way of summary judgment. It was the applicants’ contention that they only became aware of the said judgment on 20 October 2015 when a notice to attach and sell their immovable property was found at... More
