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Harare High Court
Kilright Industries (Pvt) Ltd v Lamblight Syndicate & Anor (Minister of Mines and Mining Development N.O. & Anor intervening)
HH 112-18
Case Details
Court
Harare High Court
Date
7 March 2018
Citation
HH 112-18
Neutral Citation
[2018] ZWHH 112
Outcome
unknown
Case Type
Application
Bench
Presiding
Matanda-Moyo J
Full Bench
Matanda-Moyo J
Areas of Law
Civil ProcedureMining Law
Keywords
rule 236dismissal for want of prosecutionlocus standiheads of argument
Tags
mining disputesprocedural applicationsdismissal for want of prosecution
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether an application for dismissal for want of prosecution under r 236 (4) (b) can succeed where the respondent has already filed heads of argument and set the matter down for hearing","issue_type":"procedural","dispositive":"yes","related_facts":"Heads filed 24 Jan 2017, dismissal application filed 25 Jan 2017"}
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background
Facts of the Case
Background
The applicant sought dismissal of case HC 10459/16 for want of prosecution, alleging over one month had passed since the first respondent filed its answering affidavit without setting the matter down. The first respondent opposed, stating it had filed heads of argument and a notice of set down before the dismissal application was launched.
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