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In this application the applicants seek the following relief:
“TERMS OF THE FINAL ORDER SOUGHT
That the Respondents show cause, if any, why a final order should not be granted in the following terms:
1. The arrest and detention of Applicants be and is hereby declared wrongful and unlawful.
2. Should the Respondents wish to prosecute the applicants the Respondents shall not arrest and detain the applicants in respect of the allegations raised in this matter and are hereby directed to proceed against the applicants by way of summons.
3. The Respondents shall pay the Applicants costs on a legal... More
The plaintiff issued summons against the defendant claiming damages in the sum of $900 679 549.87 arising from a horse riding accident on the 5th of November 2000.
The plaintiff sustained serious injuries of the head and torso. She is now confined to a wheel chair. More
On 24 July 2003 around 15.20 hours, an accident occurred between the plaintiff’s car, which at the time was being driven by his wife and the first defendant’s car, at the time being driven by first defendant herself. The accident occurred at the intersection of Natal and East Roads in Avondale. The first defendant was driving westwards along East Road while the plaintiff’s wife was driving due north along Natal Road. The intersection is controlled by a Give Way sign along East Road.
A police detail attended the scene of the accident and drew a sketch plan of the scene.... More
This matter commenced by way of application. In the application the plaintiff sought an order directing the two defendants (“the defendants”) to hand over the registration book of a Datsun Bluebird motor vehicle Registration number 400-802D and to sign all necessary papers to enable the transfer of the ownership of the vehicle to the plaintiff. That relief was opposed by the defendants. The defendants also filed a counter application in which they sought an order directing the plaintiff to surrender forthwith the Datsun bluebird motor vehicle to them and that failing for the Deputy Sheriff to be authorised to seize... More
The applicant in this matter seeks an order, inter alia, for the reinstatement of his contract of employment and the payment of arrear salaries and benefits from the 1st of January 2002 More
In October 1993 one David Zhuwaneti issued summons out of the magistrates’ court, seeking a decree of divorce against one Ebba David (Zhuwaneti). At the end of the hearing, the trial court made the following order:
“Divorce is granted on grounds of irretrievable breakdown of the marriage with the consent of both parties. House number 2388 Kambuzuma to remain with the applicant. Further evidence to be led on its value for the court to consider contributions made by respondent. Respondent is awarded all the movable property. Each party bears his or her costs.” More
Applicant is a juristic person. It cannot bring a claim in the Small Claims Court. It however can be dragged to that Court as a defendant or respondent in terms of section 6 of the Small Claims Act [Chapter 7:12]. The decision of the Small Claims court is final. It cannot be appealed against. It can however be brought on review by this court. The grounds upon which this court may review any proceedings are set out in Section 27 of the High Court Act, [Chapter 7.06].
These are:
(a) absence of jurisdiction on the part of court, tribunal or... More
