The applicant approached this court seeking a vindicatory order to recover possession and control of property called the Remainder of Umzari situate in the District of Lomagundi under Deed of Transfer 169/69 (hereinafter referred to as “the property”), alternatively applicant seeks for damages in the sum of US$6 900 000 (Six Million Nine Hundred Thousand United States Dollars). The applicant is the registered owner of the property which is 250.0353 hectares in extent and is claiming to vindicate the property. The respondent is a local authority currently in possession of the property which it subdivided into residential stands and sold... More
The appellant seeks the setting aside and substitution with a dismissal of the judgment of the High Court (the court a quo) handed down on 13 July 2020. The court a quo set aside the discharge order of the respondents from the army and reinstated them without loss of salary or benefits. More
The Respondent is a registered legal practitioner who at the material time practised law under the style Gunje & Chasakara Law firm. The Applicant filed the present application seeking the deregistration of the Respondent as a Legal Practitioner, Notary Public and Conveyancer and that the Respondent pay the Applicant’s expenses incurred in connection with the proceedings. It is alleged that the Respondent is guilty of unprofessional, dishonourable and unworthy conduct in terms of Section 23(2)(b) of the Legal Practitioners Act [Chapter 27:07] and has contravened Section 23(1)(c) of the Legal Practitioners Act as read with By Laws 70E and 70F(2)... More
The applicant has proved, on a balance of probabilities, that the undivided 1 8668% share number L8 in a certain piece of land situate in the district of Salisbury called stand number 2485 Arlington Estate measuring 2.4 hectares held under Deed of Transfer registered Number 3113/2017 dated 10 August 2017 is tainted property. It is forfeited to the State. More
The above matter was an inter pleader application. It enrolled the unopposed motion roll on and dealt with in default of appearance by the claimant and the judgment creditor. Only the applicant’s counsel was in attendance. The application was granted by way of default judgment dated 10 May 2024. More
These are interpleader proceedings in which the property attached by the judgment creditor to satisfy a debt owed by the judgment debtor was claimed by the claimant.
The background facts are these: The judgment creditor obtained judgment under HC HC 4154/21 wherein a provisional order declaring the judgment creditor the legitimate holder of a tribute agreement in respect of several mining claims was confirmed. Costs were awarded on attorney-client scale. It is these costs which the judgment creditor sought to recover when the property in issue was attached. The property comprises of a motor vehicle, a Chevrolet Trail Blazer whose... More
