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Bulawayo High Court
Gift Nyathi v Nobukhosi Baleni and Assistant Master of the High Court N.O.
HB 289/20
Case Details
Court
Bulawayo High Court
Date
3 December 2020
Citation
HB 289/20
Neutral Citation
[2020] ZWHB 289
Outcome
unknown
Case Type
Application
Bench
Presiding
MOYO J
Full Bench
MOYO J
Areas of Law
Family LawCivil Procedure
Keywords
curator bonismental incapacityrescissionex parte ordernotarization
Tags
curator bonismental incapacityrescission of judgment
legislation
Statutes Cited
- High Court Authentication Rules
- High Court Authentication Rules
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the 1st respondent's opposing affidavit complied with the High Court Authentication Rules","issue_type":"procedural","dispositive":"yes","related_facts":"Affidavit was commissioned rather than notarized by Jabulani Ndubiwa who is not a Notary Public"}
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background
Facts of the Case
Background
The applicant sought rescission of a 2 March 2020 order appointing the 1st respondent as curator bonis of her estate, alleging the ex parte application had been granted on false premises. The 1st respondent opposed the application, but her opposing affidavit was found to be fatally defective for want of proper notarization.
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