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Harare High Court
Brian Kashangura v Gilliet Sarudzai Motsi
HH 150-22
Case Details
Court
Harare High Court
Date
16 March 2022
Citation
HH 150-22
Neutral Citation
[2022] ZWHH 150
Outcome
unknown
Case Type
Application
Bench
Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Civil ProcedureAppellate Practice
Keywords
Leave to appealRule 263Rule 269Civil proceedingsSupreme Court appeal
Tags
Leave to appealCivil procedureHigh Court Rules
legislation
Statutes Cited
- High Court Rules, 1971
- High Court Rules, 1971
- High Court Act [Chapter 7.06]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant's application for leave to appeal was properly before the court despite initially citing the wrong rule","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant initially cited Rule 263 but conceded it applies to criminal trials"}
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background
Facts of the Case
Background
The applicant sought leave to appeal to the Supreme Court against a judgment delivered in HC 1456/20 (HH 743/20). The respondent opposed the application, raising a preliminary point that the applicant had used the wrong procedure by invoking Rule 263 which applies to criminal trials.
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