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Supreme Court
ELPHAS M MAPHISA v CITY OF BULAWAYO
[2021] ZWSC 91
Case Details
Court
Supreme Court
Date
25 March 2021
Citation
[2021] ZWSC 91
Judgment No.
SC 91/21
Outcome
unknown
Case Type
Appeal
Bench
Presiding
GUVAVA JA
Author
UCHENA JA
Full Bench
GUVAVA JAUCHENA JACHITAKUNYE AJA
Areas of Law
Civil ProcedureLocal Government Law
Keywords
summary judgmentmagistrates court rulesurban councils actmunicipal billingrates and water charges
Tags
municipal ratessummary judgmenturban councils act
legislation
Statutes Cited
- Urban Councils Act
- Urban Councils Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application for summary judgment was made in terms of the rules","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed 16 May 2019, Magistrates Court Rules 2019 in force since 1 February 2019"}
- {"issue_text":"Whether the appellant had a defence to the respondent's claim","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant's arguments on separate billing, sections 279 and 281 of Urban Councils Act"}
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background
Facts of the Case
Background
The appellant, owner of residential property No. 18 Pingstone Road Kumalo, failed to pay municipal rates and water bills totaling US$4,601.50 between August 2013 and November 2018. The City of Bulawayo obtained summary judgment in the Magistrate's Court, which was upheld by the High Court. The appellant appealed to the Supreme Court challenging the summary judgment procedure and separate billing requirements.
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