Kingstone Ringisai Makarichi v Agnes Mabvunza

HH 207-21

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Case Details

Court

Harare High Court

Date

28 April 2021

Citation

HH 207-21

Neutral Citation

[2021] ZWHH 207

Outcome

unknown

Case Type

Application

Bench

Presiding

CHAREWA J

Full Bench

CHAREWA J

Areas of Law

Civil procedureDiscoveryPractice directions

Keywords

struck off the rollPractice Direction 3/2013form 29form 29Breinstatement

Key Issues

{"issue_text":"Does use of Form 29B instead of Form 29 render the application fatally defective?","issue_type":"procedural","dispositive":"no","related_facts":"Application served on respondent using Form 29B; correct form should be Form 29 with modifications"}
{"issue_text":"Can application to compel discovery proceed when main case struck off roll and never reinstated?","issue_type":"procedural","dispositive":"yes","related_facts":"Main case HC 13081/12 struck off 10 September 2014; no reinstatement application pending; Practice Direction 3/2013 in effect"}

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background

Facts of the Case

Background

Applicant brought application to compel respondent to file pre-trial documents in case HC 13081/12. Respondent raised two points in limine: application used wrong form and main case had been struck off roll in 2014 with no reinstatement. Matter struck off for non-appearance of both parties on 10 September 2014. Applicant waited until 2019 to attempt revival, filed reinstatement application in July 2019 but withdrew it in October 2019.

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