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Harare High Court
Elias Moffat Chinyuku v African Apostolic Faith Mission in Zimbabwe
HH 787-17
Case Details
Court
Harare High Court
Date
23 November 2017
Citation
HH 787-17
Neutral Citation
[2017] ZWHH 787
Outcome
unknown
Case Type
Application
Bench
Presiding
MANGOTA J
Full Bench
MANGOTA J
Areas of Law
Civil procedureInterdictsAppeals
Keywords
Rule 449Provisional orderInterdictAppeal to Supreme CourtConfirmation of order
Tags
Church propertyInterdictProvisional order
legislation
Statutes Cited
- High Court Act [Chapter 7:06]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the confirmation of a provisional order that is subject to pending appeal is valid","issue_type":"procedural","dispositive":"yes","related_facts":"Appeal noted on 14 October 2016, confirmation on 27 January 2017"}
- {"issue_text":"Whether service of provisional order without annexures invalidates confirmation","issue_type":"procedural","dispositive":"no","related_facts":"Provisional order served without annexures"}
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background
Facts of the Case
Background
The respondent obtained a provisional order against the applicant on 13 October 2016. The applicant appealed to the Supreme Court on 14 October 2016. The respondent confirmed the provisional order on 27 January 2017 without disclosing the pending appeal. The applicant sought rescission of the confirmation order under Rule 449.
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