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Supreme Court

Gaynor Chitsaka & Ors v Lorraine Elizabeth Heyns & Ors

[2023] ZWSC 46

Case Details

Court
Supreme Court
Date
29 May 2023
Citation
[2023] ZWSC 46
Judgment No.
SC 46/23
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Makoni JA
Full Bench
Makoni JAChiweshe JAChatukuta JA
Areas of Law
Civil ProcedureAppellate Practice
Keywords
interlocutory orderleave to appealHigh Court Rulesurgencynullity
Tags
interlocutory orderleave to appealHigh Court Rulesurgency
legislation
Statutes Cited
  • High Court Act
  • High Court Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the order of the court a quo dismissing the preliminary point was an interlocutory order requiring leave to appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Court dismissed point in limine and struck matter off urgent roll"}
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background
Facts of the Case

Background

Dispute over ownership of immovable property. Appellants challenged validity of respondents' urgent application before High Court on grounds of non-compliance with High Court Rules. High Court dismissed preliminary point and struck matter off urgent roll. Appellants appealed without seeking leave.
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