This is a court application for a declaratur and consequential relief filed in terms of s 14 of the High Court Act [Chapter 7:06]. On 27 February 2025, this court issued an ex tempore judgment. The court upheld the point in limine that the first respondent was barred and that its opposing papers were fatally defective. The court struck out the first respondent’s purported notice of opposition and opposing affidavit and proceeded to deal with the application as unopposed. More
TAKUVA J: This is an application for summary judgment in which the applicant seeks the following relief:
“1. The application for summary judgment be and is hereby granted.
2. The respondent pays the applicant the sum of US$19700.00 (nineteen thousand seven hundred United States Dollars).
3. The respondent shall pay interest at the rate of 5% per annum from the date of the issue of summons to date of full payment.
4. The respondent shall pay costs of suit on an attorney and client scale.
5. The respondent to pay for collection Commission in terms of the Law Society of... More
[1] This is an application for, inter alia, declaratory orders and consequential relief. The declaratur sought is couched in the following terms:
i. The respondent has an obligation to facilitate easy and formal access to foreign currency by the public.
ii. The existing regulatory framework is overly restrictive and unlawfully hinders applicant from having easy access to foreign currency.
The consequential relief sought is that:
iii. A mandamus be and is hereby issued directing the respondent to expand the willing-buyer-willing-seller trading arrangement to permit applicant and the general public to access forex through banks and bureaux de change within thirty... More
Applicant applied to this Court for condonation of a belated application to appeal this Court’s judgment LC/H/349/24 to the Supreme Court. Respondent opposed the application but was barred for failure to file its heads of argument. More
In Chinua Achebe’s fabled novel Things Fall Apart, the character called Unoka was said to be a lazy and improvident man, with no capacity to think about tomorrow. He was saddled with huge debts but for some strange reason, he kept borrowing more. His weakness typifies the reality that paying debts has been a disease afflicting Africans for centuries now. The tragedy of it is that those who so borrow and fail to pay back do not even realise the consequences which their actions may have on their off spring! MATHONSI J (now JA), spoke about it in 2013 in... More
The applicant and the respondent were married in terms of an unregistered customary union from December 2013 until June 2022. The union was blessed with two minor children. The union was customarily terminated sometime in June 2022 because of what the applicant called an irretrievable breakdown in the parties’ relationship.
It was the applicant’s case that following the termination of their customary union, the parties could no longer live peacefully together in the same house, being stand No. 29 Chikurubi Township of Manresa registered under Deed of Transfer Number 2146/2014, also known as House Number 29 Cedar Road Manresa Park,... More
This is an appeal from a decision made by an arbitrator.
The following are the grounds of appeal.
‘1. The Arbitrator erred at law in finding that the respondent was unlawfully dismissed because he had become an employee on a contract without limit of time in circumstances where the respondent waived his right to become a permanent employee by signing fixed term monthly contracts. More
