The plaintiffs being children of the late Taworamwoyo Nelson Dhliwayo, who died on 10 June 2016, issued summons against the defendants in February 2023, for an order declaring null and void, a will which the late executed on 8 June 2012. That Will excluded as beneficiaries the plaintiffs who are all his children.
In their summons, they challenged the Will on the basis that it was invalid as the now deceased, at the time of the Will’s execution, was said to have not been in a mental state to execute a valid will because he suffered from senile dementia. In... More
This is an appeal against the whole judgment of the High Court (the court a quo) handed down on 16 December 2021. The court a quo granted the respondent damages in the sum of US$30 000.00 for malicious prosecution and US$100 000.00 for malicious arrest and detention. The damages were to be paid at the equivalent rate of the local currency of RTGS reckoned at the time of payment. More
The respondent filed a court application for rescission of default judgment in terms of Rule 29 of the High Court Rules 2021. The applicant proceeded to file its notice of opposition on the 30 of June 2022. On 19 July 2022, respondent filed its answering affidavit which was served on the applicant on the 20th of July 2022. One month has since lapsed and the respondent has not applied for the set down of the matter or taken any further procedural step within 1 (one) month from 20th of July 2022. Resultantly, the respondent has failed to prosecute its application... More
This is an application for condonation of late noting of an appeal and for leave to prosecute the appeal in person. The application is opposed by the respondent.
The applicant was convicted of rape as defined in s 65 of the Code. He was sentenced to 18 years imprisonment of which four years imprisonment was suspended on condition of good behaviour, leaving an effective prison term of 14 years. The conviction was in terms of the judgment dated 2 August 2018. The instant application was filed in 2023. More
The plaintiff issued out summons claiming adultery damages against the defendant who she alleges was engaged in an adulterous relationship with her husband, one Jabulani Tawanda Chikore since July 2020. They were married on 21 August 1998 in terms of the then Marriage Act [Chapter 5 :11] now the Marriages Act [Chapter 5:17]. There is one minor child born of the marriage. It is alleged that the plaintiff has suffered personal injury or contumelia and loss of her spouse’s consortium. The inclusive amount of damages claimed is USD 50 000.00 being USD 25 000.00 a piece. More
This is an application for the reinstatement of a pre-trial conference (PTC) which was erroneously deemed abandoned and lapsed by the registrar. The dispute has its roots case No. HC 211/20(the main matter) the latter which was claim bought an motion but referred to trial by the court after it was rules to be incapable of resolution on the papers. More
This is an urgent chamber application for stay of execution in which the following provisional order is sought:-
“TERMS OF THE ORDER SOUGHT
That the respondent show cause why a final order should not be made in the following terms:-
1. That the provisional order is hereby confirmed.
2. That the judgment under HC 4309/22 be and is hereby rescinded and set aside.
3. The first respondent to pay costs of suit. More
