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Bulawayo High Court
Dr Churchill Mpiyesizwe Gudza and Nokukhanya Noble Gudza Moyo N.O. (In her capacity as Executor Dative of the Estate Late Makhathini Bhekisizwe Guduza) v Patience Posiwe N.O. (In her capacity as Executrix Dative of the Estate Late Zephania Nkatazo Sihwa)
HB 165/23
Case Details
Court
Bulawayo High Court
Date
10 August 2023
Citation
HB 165/23
Neutral Citation
[2023] ZWHB 165
Outcome
unknown
Case Type
Application
Bench
Presiding
Takuva J
Full Bench
Takuva J
Areas of Law
Civil ProcedureProperty LawEstate Administration
Keywords
appeal reinstatementdeemed abandonmentservice of noticeeviction proceedings
Tags
evictionestate administrationappeal procedure
legislation
Statutes Cited
- Magistrates' Court (Civil) Rules, 2019
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether an appeal that has been deemed abandoned and lapsed can be reinstated without an application for condonation","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants failed to serve Clerk of Court; appeal deemed lapsed 24 May 2021"}
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background
Facts of the Case
Background
The applicants sought reinstatement of an appeal that had been deemed abandoned due to their failure to serve the Clerk of Court with a copy of the notice of appeal issued by the Registrar of the High Court. The underlying matter involved eviction proceedings instituted in 2005 by the late Zephania Nkatazo Sihwa against the applicants.
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