Drew Fraser International (Pvt) Ltd and Euphrasia Mupedzisi v Nicodimus Kuipa N.O. and Estates Agents Council

HH 475-23

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Case Details

Court

Harare High Court

Date

9 August 2023

Citation

HH 475-23

Neutral Citation

[2023] ZWHH 475

Outcome

unknown

Case Type

Application

Bench

Presiding

Mangota J

Full Bench

Mangota J

Areas of Law

Administrative LawCivil ProcedureProfessional Conduct

Keywords

Leave to AppealProspects of SuccessStriking Off RollDominus LitisCourt Process Abuse

Key Issues

{"issue_text":"Whether applicants have reasonable prospects of success on appeal against the decision to strike HC 5357/22 off the roll","issue_type":"law","dispositive":"yes","related_facts":"Missing respondent's Heads, incomplete record, applicants' conduct after striking off"}
{"issue_text":"Whether the application for leave to appeal is bona fide or mala fide","issue_type":"fact","dispositive":"yes","related_facts":"Applicants' conduct in filing multiple applications, failure to withdraw corrected documents"}
{"issue_text":"Whether the court properly exercised its discretion in striking the matter off the roll mero motu","issue_type":"law","dispositive":"no","related_facts":"Court's inherent jurisdiction, applicants' acknowledgment of defect"}

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background

Facts of the Case

Background

Applicants sought leave to appeal against High Court decision striking HC 5357/22 off the roll with costs. The case involved review proceedings against Estates Agents Council regarding charges of unprofessional conduct. The record was incomplete as respondent's Heads were missing from the judge's record despite being indexed.

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