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Harare High Court
Shepherd Murahwi and Deborah Murahwi and Peter Sigauke and Oswell C. Masara and Grace Masara and Edmore Mukakavari and Tapiwa T. Mukakavari v Ms Magwenzi and Arrosum Construction (Pvt) Ltd and Divine Homes (Pvt) Ltd and Nicanor Enterprises (Pvt) Ltd
HH 191-10
Case Details
Court
Harare High Court
Date
25 August 2010
Citation
HH 191-10
Neutral Citation
[2010] ZWHH 191
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
BERE J
Full Bench
BERE J
Areas of Law
Interdict LawProperty LawCivil Procedure
Keywords
Interim InterdictReal RightPersonal RightPoint in Limine
Tags
InterdictReal RightsPersonal Rights
legislation
Statutes Cited
- None cited
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicants lacking real rights can bring an urgent application for interim interdict","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants sought interim relief, respondents challenged standing"}
- {"issue_text":"Whether establishment of real right is prerequisite for interim interdict","issue_type":"law","dispositive":"yes","related_facts":"Respondents argued real right required"}
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background
Facts of the Case
Background
Multiple applicants brought an urgent application for an interim interdict against several respondents. The respondents raised points in limine arguing that the applicants, lacking real rights, were not entitled to seek interim relief.
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