Rita Marque Mbatha v Provincial Magistrate Y Dzuda

HH 694-17

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Case Details

Court

Harare High Court

Date

18 October 2017

Citation

HH 694-17

Neutral Citation

[2017] ZWHH 694

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Zhou J

Full Bench

Zhou J

Areas of Law

Property LawCivil Procedure

Keywords

InterdictEjectmentMagistrates' Court jurisdictionSelf-helpUrgent application

Key Issues

{"issue_text":"Whether the application is fatally defective for failing to state grounds on the face of the chamber application","issue_type":"procedural","dispositive":"no","related_facts":"Form of chamber application filed"}
{"issue_text":"Whether a certificate of urgency is required where applicant is self-represented","issue_type":"procedural","dispositive":"no","related_facts":"Applicant filed affidavit of urgency instead of certificate"}
{"issue_text":"Whether applicant has established a case for the interdict sought","issue_type":"mixed","dispositive":"yes","related_facts":"Alleged threats by unknown persons, respondent's denial"}

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background

Facts of the Case

Background

The applicant sought an interdict to prevent the respondent from interfering with her occupation of 126 Edgmore Road, Park Meadowlands, Hatfield, Harare. She alleged that unknown persons claiming to act on the respondent's behalf had threatened to evict her based on a supposed Magistrates' Court order.

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