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Harare High Court
The Dadaya Mission Trust v Associated Churches of Christ in Zimbabwe & 5 Ors
HH 545-18
Case Details
Court
Harare High Court
Date
19 September 2018
Citation
HH 545-18
Neutral Citation
[2018] ZWHH 545
Outcome
unknown
Case Type
Application
Bench
Presiding
Musakwa J
Full Bench
Musakwa J
Areas of Law
Trust lawProperty lawCivil procedure
Keywords
Trust deed amendmentTrustees appointmentDeclaratory orderHigh Court Act
Tags
Trust lawTrusteesChurch property
legislation
Statutes Cited
- High Court Act
- High Court Rules
- High Court Rules
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether an applicant who has filed heads of argument after a respondent has applied for dismissal for want of prosecution can properly set the matter down for hearing","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant filed heads on 12 June 2018 after dismissal application filed 7 June 2018"}
- {"issue_text":"Whether an applicant has time limits for filing heads of argument","issue_type":"procedural","dispositive":"no","related_facts":"Applicant filed heads approximately 3 months after answering affidavit"}
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background
Facts of the Case
Background
The Dadaya Mission Trust sought a declaratory order regarding amendments to its trust deed and appointment of new trustees. The application became procedurally entangled when the first respondent applied for dismissal for want of prosecution while the applicant attempted to set the matter down for hearing.
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