The applicant approached this court seeking an order for specific performance. More particularly, the relief sought by the applicant is couched in the following way:
“1. Judgment be and is hereby entered in favour of applicant as against 1st, 2nd and 3rd Respondents, jointly and severally, the one paying and the other to be absolved.
(a) That Respondents be and are hereby ordered to surrender the Applicant’s title deeds held in the name of the Applicant under deed of transfer 4373/2012 to the Applicant.
(b) that any encumbrance placed on the said property, be and is hereby set aside.
(c)... More
On 18 November 2020, the parties in this matter signed a Consent Paper in which Respondent agreed that he would pay the applicant USD1200within 12 months of the grant of a divorce order. The money was proceeds of the sale of applicant’s vehicle which respondent admitted to have disposed of. On 10 December 2020 a decree of divorce was granted incorporating the consent paper. It is alleged that the respondent has refused or neglected to comply with the order. A writ of execution was issued following which the sheriff issued a nulla bona return. Summons for civil imprisonment were issued.... More
This is an urgent chamber application lodged in this court on 10 December 2021. It was placed before KABASA J who on 13 December 2021 directed that the applicant serve the urgent chamber application on the respondents together with the Notice of Set Down for Tuesday 16 December 2021 at 12 noon. On 16 December 2021 the matter although ready to be argued, could not be argued as the Legal Practitioner for the 1st respondent was indisposed and by consent of the parties the matter was post-poned to Monday 20 December 2021. With KABASA J’s duty ending on 17 December... More
This is an appeal against the decision of the respondent’s disciplinary authority which found appellant guilty and penalised him with dismissal following allegations of wilful
disobedience to a lawful order and conduct inconsistent with the conditions of his employment. More
This is an appeal made in terms of s 121(2)(b) of the Criminal Procedure and Evidence Act, [Cap 9:07] against the refusal by the Magistrate sitting at Beit bridge on 16th March 2022 to grant all the sixteen (16) appellants bail pending trial.
All the 16 appellants were jointly charged with other two appellants Tichareva Nyaku and Priscila Gosa who were also denied bail pending appeal by the same court a quo. These two filed a separate appeal to this court on CRB 126 – 27/22 and the appeal was not opposed by the State (the respondent). Consequently they were... More
These are interpleader proceedings in which the property which was attached by the applicant to satisfy a debt owed to the judgment creditor and for which the judgment creditor obtained judgment was claimed by the claimant. More
This is an interpleader application. The applicant gave notice pursuant to Order 30 Rule 205 as read with Rule 205A of the High Court Rules, 1971, calling upon the claimant and the judgment creditor to deliver particulars of their claim to the attached property within 10 days of service of the notice. The application is opposed. The claimant claims ownership of the attached goods namely; a Power Star Tipper Truck registration number ADS 3780 and 2 Hammer mills. The judgment creditor avers that the attached property belongs to the judgment debtor. More
