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Bulawayo High Court
Richard Moyo-Majwabu (in his capacity as Executor of the Estate Late Siphiwe Dube DRB 966/20) v The Provincial Mining Director for Matabeleland South & 2 Ors
HB 220/23
Case Details
Court
Bulawayo High Court
Date
9 November 2023
Citation
HB 220/23
Neutral Citation
[2023] ZWHB 220
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Moyo J
Full Bench
Moyo J
Areas of Law
Civil ProcedureMining LawEstate Law
Keywords
Address for serviceRule 58Non-complianceCondonationUrgent application
Tags
Estate administrationMining rightsExecutor disputes
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the 2nd respondent's notice of opposition should be expunged for failure to comply with Rule 58(2)(c) regarding address for service within 10km of registry","issue_type":"procedural","dispositive":"yes","related_facts":"2nd respondent provided Harare address in Bulawayo matter"}
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background
Facts of the Case
Background
The applicant brought an urgent application and raised a point in limine seeking to expunge the 2nd respondent's notice of opposition from the record. The applicant argued that the 2nd respondent failed to comply with Rule 58(2)(c) by providing a Harare address for service in a matter being heard in Bulawayo, which is beyond the required 10km radius from the registry.
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