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Harare High Court
Tazvitya Arthar Mutandwa v Silver Zhuwake and Brenda Carol Leeper and The Deputy Sheriff and The Registrar of Deeds and Israel Gumunyu
HH 50-2010
Case Details
Court
Harare High Court
Date
17 March 2010
Citation
HH 50-2010
Neutral Citation
[2010] ZWHH 50
Outcome
unknown
Case Type
Trial
Bench
Presiding
Bhunu J
Full Bench
Bhunu J
Areas of Law
Property LawCivil Procedure
Keywords
vacant possessionbarred partywitness evidenceestate executor
Tags
immovable propertyvacant possessionestate administrationwitness evidence
legislation
Statutes Cited
- High Court Rules, 1971
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a party who has been barred for failure to enter appearance to defend may be called as a witness by another party in the same proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"Second defendant barred under r 50; plaintiff sought to call her as witness"}
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background
Facts of the Case
Background
The plaintiff sued multiple defendants seeking vacant possession of immovable property known as stand 381 Goodhope Township. The second defendant, an executrix in an estate, failed to enter appearance to defend and was barred. During trial, the plaintiff sought to call the barred second defendant as a witness, which was objected to by other defendants.
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