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Harare High Court
David Govere and Noxon Investments (Pvt) Ltd v Stanbic Bank Limited and Amon Murwira and Karin Sigrid Murwira and Alexander Tonderai Murwira and Sheriff of the High Court of Zimbabwe and Registrar of Deeds
HH 601-17
Case Details
Court
Harare High Court
Date
16 August 2017
Citation
HH 601-17
Neutral Citation
[2017] ZWHH 601
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Foroma J
Full Bench
Foroma J
Areas of Law
Property LawCivil Procedure
Keywords
ejectmenturgencyabuse of court processlegal practitioner misconduct
Tags
urgent applicationejectmentproperty transferabuse of process
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application was genuinely urgent","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants claimed awareness only from 3 August 2017, but evidence showed awareness from 2016"}
- {"issue_text":"Whether the application constituted abuse of court process","issue_type":"procedural","dispositive":"no","related_facts":"Applicants' lack of truthfulness about their lawyer's instructions"}
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background
Facts of the Case
Background
The applicants sought an urgent chamber application to stop their ejectment from premises at No. 13975 Plower Avenue Mt Pleasant, claiming they only became aware of the ejectment on 3 August 2017. They alleged their former legal practitioner acted without instructions, but evidence showed they had been aware of the legal proceedings since at least 2016.
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