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Bulawayo High Court
Luke Dube v The Sheriff of Zimbabwe N.O. and 5 Others
HB 3/23
Case Details
Court
Bulawayo High Court
Date
5 January 2023
Citation
HB 3/23
Neutral Citation
[2023] ZWHB 3
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
DUBE-BANDA J
Full Bench
DUBE-BANDA J
Areas of Law
Civil ProcedureCosts LawMining Law
Keywords
Supreme Court orderConstitutional Courtstay of executionprofessional misconductcosts de bonis propriis
Tags
urgent applicationcosts de bonis propriisabuse of court processforum shopping
legislation
Statutes Cited
- No primary statutes were cited in this judgment
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the High Court has jurisdiction to review or stay execution of a Supreme Court order","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant sought to stay Supreme Court order SCB 48/22"}
- {"issue_text":"Whether costs de bonis propriis should be awarded against legal practitioner","issue_type":"procedural","dispositive":"yes","related_facts":"Counsel conceded application had no merit and withdrew"}
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background
Facts of the Case
Background
The applicant sought to interdict enforcement of a Supreme Court eviction order by approaching the High Court, despite having already failed to obtain a stay from the Constitutional Court. The application was withdrawn when counsel conceded the High Court lacked jurisdiction to review Supreme Court orders.
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