Apatron Mining (Pvt) Ltd v Emmerson Dambudzo Mnangagwa N.O. & 15 Others

HB 233/20

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Case Details

Court

Bulawayo High Court

Date

7 October 2020

Citation

HB 233/20

Neutral Citation

[2020] ZWHB 233

Outcome

unknown

Case Type

Application

Bench

Presiding

Mabhikwa J

Full Bench

Mabhikwa J

Areas of Law

Civil ProcedureMotion Court Practice

Keywords

unopposed rollopposed matternotice of withdrawaldeclarator

Key Issues

{"issue_text":"Whether an opposed matter should be removed from the unopposed motion roll","issue_type":"procedural","dispositive":"yes","related_facts":"Matter set down on unopposed roll despite opposition being filed"}
{"issue_text":"Whether a Notice of Withdrawal effectively removes opposition from a matter","issue_type":"procedural","dispositive":"no","related_facts":"Applicant filed withdrawal notice against some respondents"}

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background

Facts of the Case

Background

The applicant brought a declaratory application that had been set down on the unopposed motion roll. However, the matter was vigorously opposed by multiple respondents who had filed opposing papers and appeared in court to oppose. The applicant had filed a Notice of Withdrawal against some respondents, but this was disputed by the respondents who claimed they had not been served and remained opposed to the application.

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