This is a chamber application for leave for direct access to the Constitutional Court (“the Court”) in terms of r 21 of the Constitutional Court Rules SI 61/2016 (“the Rules”). The applicant intends to file the main application with the Court should leave for direct access be granted. More
The plaintiff claims that the defendant breached terms of a loan agreement entered into between the parties by failing to advance to the plaintiff the loan amount agreed to. It asserts that its failure to secure the agreed loan resulted in it failing to procure raw materials for its business activities causing loss in business opportunities and profits. The plaintiff claims damages in the sum of $320 000, 00 in order to place it in the position it would have occupied had the breach not occurred. More
The applicant applies for condonation of late noting of an application for leave to appeal against conviction and sentence in case No. CRB 212/16 now available under judgment HH 515/17. The applicant was convicted by TSANGA J of with assessors of murder as defined in s 47 (b) of the Criminal Law Codification & Reform Act, [Chapter 9:23] following a contested trial which was completed on 2 August 2017. He was sentenced to 20 years imprisonment. The applicant was required if minded to note an appeal, to apply orally for leave to appeal to the Supreme Court immediately after the... More
These were three opposed applications heard as one case. The globular relief sought was just about the same. Some facts differed here and there. Counsel agreed this was not in any material respects. They therefore agreed it would be practical for the cases to be combined. More
The plaintiff and the first defendant were in an unregistered customary law union from 2006 to 2016 when it was dissolved. The second defendant is the Registrar of Deeds.
Pursuant to the termination of the union, the plaintiff issued summons seeking the distribution of the movable and immovable property acquired during the subsistence of the union. However, the plaintiff despite being legally represented did not allude to any cause of action in terms of which this court was being called upon to distribute the property. In fact the way the declaration is drafted it is as if the parties were... More
The appeal is from the High Court where the applicant had made an application for the determination of whether or not the will executed by one late Amos Chirunda on 9 December 1997 was valid. The application was dismissed with costs, hence this present appeal. The question before this Court therefore is whether or not the court a quo erred in finding that the will in contention was invalid More
