1. The applicant seeks an order for upliftment of bar and condonation for late filing of appearance to defend and plea under HC5762/16.
2. The brief background facts to this application are as follows: On 8 June 2016, the first respondent issued summons against Myrammar (Pvt) Ltd t/a Cottzim, [hereinafter referred to as Myrammar Farming], a company under judicial management and six other defendants. Myrammar Farming was cited as the first defendant. The return of service of the summons served on first defendant showed that it was served on Alex, the judicial manager. The 10 days within which the defendants... More
This is an application in terms of Section 92(F) of the Labour Act [Chapter 28:01] for leave to appeal to the Supreme Court against my judgment LC/H/94/19 in which I dismissed applicant’s application for condonation and extension of time within which to apply for leave to appeal to the Supreme Court against my other judgment LC/H/469/17 in which I struck off applicant’s appeal for being prematurely before the Court. More
MATHONSI JA: The appellant brought an urgent chamber application in the High Court for a stay of the execution of a judgment obtained by the first respondent against the second and third respondents on 12 February 2018 in the sum of US$352 851,30 together with interest and costs of suit.
By judgment delivered on 21 August 2020, the High Court dismissed the application with costs. This appeal is against that judgment dismissing the appellant’s urgent application. More
Applicant was charged with two counts of Unlawful Entry in aggravating circumstances and was convicted of both counts despite pleading not guilty. The complainants in both counts are residents of the same neighbourhood and their premises were broken into the same night one after the other. The complainant in the first count had her 3 cell phones stolen by the burglar. Fortunately for the complainant, the burglar must have left the premises in the second count in some hurry and dropped a pink satchel in which he had loaded some if his loot from both premises he broke into in... More
The applicant seeks the following relief:
“IT IS ORDERED THAT
1. The application for joinder of parties be and is hereby granted
2. The 1st and 2nd applicants be and are hereby joined as 3rd and 4th respondents in the summary judgment application under case no HC 379/19 and as 3rd and 4th defendants in the eviction matter under case number HC 379/19.
3. The 1st and 2nd applicants be and are hereby granted leave to file their notice of opposition to the summary judgment application within the next ten (10) days of the granting of this order.
4. In... More
1. The main issue in this application is whether a special plea filed outside r 119 of the High Court Rules 1971, is a nullity. Secondly, whether condonation for late filing of the special plea is permissible, if so, the stage at which an application for condonation of the late filing of the special plea ought to be made.
2. The chronology of events leading to the filing of this special plea is as follows. The plaintiff filed summons against the defendant on 20 August 2020 after which he filed appearance to defend on 28 August 2020 having been served... More
