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These matters were all set down before me for the hearing of certain preliminary issues arising out of the service of election petitions subsequent to their filing by the petitioners. As the issues before me were concerned with legal disputes I found it convenient to have the matters set down for hearing at the same. In order to accommodate counsel I heard the last three matters in the morning and the first two in the afternoon. I also, for the sake of convenience, decided to do a composite judgment of all the matters. The question in all five matters was... More
At the pre-trial conference that was held on 21 August 2007, two issues were referred to trial. The first issue sought a determination of the suitable custodian parent, while the second concerned the distribution of both the urban and rural immovable properties of the parties. The parties agreed that their marriage had broken down beyond repair. They agreed that the maintenance order issued by the Magistrates Court remain in force and that neither party required personal maintenance from the other. They also agreed on the method and manner of distributing the movables. During trial the parties further agreed on the... More
The plaintiff seeks an order that the defendant’s replace his wife a Toyota Emina Minibus, in the alternative plaintiff seeks that he be reimbursed the sum of US$11, 544-00 as representing the replacement value of the said motor vehicle. The relief sought is opposed by the second defendant. The first defendant has not sought or filed any pleadings in this matter and did not appear at the pre-trial conference, or at the trial. The first defendant is in default having been served with summons. More
The applicants have jointly approached this court for an order in the following terms:
1. That the confirmation of the liquidation and distribution account by the third respondent in respect of Shagelok Chemicals (Private) Limited (in liquidation) be and is hereby set aside.
2. That the third respondent be and is hereby directed to re-open the account referred to above for inspection for a period of 14 days with effect from the date of judgment in this matter. More
The plaintiff is a duly registered company trading under the name Borrowdale Motor Sales. As the trade name suggests, it, the plaintiff, trades in motor vehicles. On 6 June 2006 the plaintiff entered into an agreement with the defendant, in terms of which the plaintiff agreed to purchase a vehicle owned by the defendant, to wit a Ford Taurus registration number 720 532L. A copy of the agreement which is attached as Annexure A to the summons reveals that the purchase price of the vehicle was $ 700 000.00 (revalued) payable as to a deposit of $ 300 000 and... More
