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Bulawayo High Court

Paradise Investments Pvt Ltd v Solomon Matsa & 2 Ors

HB 121/21

Case Details

Court
Bulawayo High Court
Date
1 July 2021
Citation
HB 121/21
Neutral Citation
[2021] ZWHB 121
Outcome
unknown
Case Type
Urgent Application

Bench

Presiding
DUBE-BANDA J
Full Bench
DUBE-BANDA J
Areas of Law
Property LawCivil Procedure
Keywords
urgencycertificate of urgencyre vindicatiomachinery ownershipeviction
Tags
urgent applicationre vindicatiopossession dispute
legislation
Statutes Cited
  • Constitution of Zimbabwe Amendment (No. 20) Act, 2013
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the application is urgent and should be heard on urgent basis","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed 18 June 2021, dispute ongoing since January 2021"}
  • {"issue_text":"Whether the certificate of urgency is valid","issue_type":"procedural","dispositive":"yes","related_facts":"Certificate signed by legal practitioner, content of certificate"}
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background
Facts of the Case

Background

Applicant sought urgent order to recover brick moulding machine, steel shade and two generators from respondents' property after eviction. Respondents opposed on basis application not urgent and certificate of urgency invalid. Court found urgency self-created and application filed approximately 6 months after dispute arose.
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