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Harare High Court
THE PRESIDENT OF ZIMBABWE, ROBERT GABRIEL MUGABE and 11 OTHERS v MORGAN RICHARD TSVANGIRAI
HH 306-12
Case Details
Court
Harare High Court
Date
24 July 2012
Citation
HH 306-12
Neutral Citation
[2012] ZWHH 306
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIWESHE JP
Full Bench
CHIWESHE JP
Areas of Law
Civil ProcedureAdministrative LawConstitutional Law
Keywords
Leave to appealInterlocutory orderPoint in limineOfficial capacityRule 18
Tags
Presidential immunityOfficial capacityRule 18 High Court RulesLeave to appeal
legislation
Statutes Cited
- High Court Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether leave to appeal should be granted against a procedural ruling dismissing a point in limine","issue_type":"procedural","dispositive":"yes","related_facts":"The applicants raised a point in limine under Rule 18 which was dismissed"}
- {"issue_text":"Whether the President can be sued in his official capacity without prior court leave","issue_type":"law","dispositive":"no","related_facts":"The underlying litigation is against the President in his official capacity"}
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background
Facts of the Case
Background
The applicants, including the President of Zimbabwe in his official capacity, sought leave to appeal against a procedural ruling that dismissed their point in limine. The point in limine argued that the respondent needed prior court leave to sue the President in his official capacity under Rule 18 of the High Court Rules.
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