David Gange Addenbrooke and Frances Ann Addenbrooke v Shasha Robert Gomez and The Registrar of Deeds (Bulawayo)

HB 154-20

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Case Details

Court

Bulawayo High Court

Date

23 July 2020

Citation

HB 154-20

Neutral Citation

[2020] ZWHB 154

Outcome

unknown

Case Type

Application

Bench

Presiding

DUBE-BANDA J

Areas of Law

Property LawCivil Procedure

Keywords

pre-trial conferencestriking out defencemeritsprocedural compliance

Key Issues

{"issue_text":"Whether a judge presiding over a pre-trial conference can strike out a defence and counter-claim on the basis that the defendant has no meritorious case on the merits","issue_type":"procedural","dispositive":"yes","related_facts":"Defendant complied with all procedural requirements"}

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Facts of the Case

Background

Plaintiffs applied to strike out defendant's defence and counter-claim during pre-trial conference, arguing defendant had no meritorious case. Defendant opposed, claiming full procedural compliance and arguing the application was an abuse of process.

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