Winston Andre McConville (On behalf of Buck Gordon Lohan) v Hugo Nagel and The Master of High Court

HH 456-13

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Case Details

Court

Harare High Court

Date

28 November 2013

Citation

HH 456-13

Neutral Citation

[2013] ZWHH 456

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Mawadze J

Full Bench

Mawadze J

Areas of Law

Family LawEstate and Succession LawMental Health Law

Keywords

Curator ad litemProvisional orderForum shoppingWasted costs

Key Issues

{"issue_text":"Whether the applicant can competently withdraw the application before judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's legal practitioner withdrew the application during hearing"}
{"issue_text":"Whether the applicant should pay costs on a higher scale","issue_type":"procedural","dispositive":"yes","related_facts":"Application was ill-advised and non-compliant with rules"}
{"issue_text":"Whether the applicant lacks locus standi","issue_type":"procedural","dispositive":"no (withdrawn before decision)","related_facts":"Applicant is not appointed as curator ad litem for Buck"}

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background

Facts of the Case

Background

The applicant sought an urgent order to reverse the eviction of Buck Gordon Lohan, a mentally disturbed adult, from a property forming part of his deceased mother's estate. The respondent raised preliminary points including that the applicant lacked locus standi and had failed to appoint a curator ad litem as required by the rules. The applicant withdrew the application.

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