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Harare High Court
Petina Gappah v Fadzayi Mahere
HH 112-24
Case Details
Court
Harare High Court
Date
20 March 2024
Citation
HH 112-24
Neutral Citation
[2024] ZWHH 112
Outcome
unknown
Case Type
Application
Bench
Presiding
Mafusire J
Full Bench
Mafusire J
Areas of Law
Civil ProcedureJudicial EthicsDefamation Law
Keywords
recusaljudicial biasnemo judexabuse of processres judicata
Tags
recusaljudicial biasdefamationabuse of court process
legislation
Statutes Cited
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the judge should recuse himself for alleged bias","issue_type":"procedural","dispositive":"yes","related_facts":"Previous rulings against applicant, allegations of personal relationship"}
- {"issue_text":"Whether the application constitutes abuse of court process","issue_type":"procedural","dispositive":"no","related_facts":"Extensive scandalous allegations, res judicata issues"}
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background
Facts of the Case
Background
The applicant, who is the defendant in a defamation action (HC 9390-18), sought the recusal of the presiding judge alleging bias demonstrated in two previous interlocutory rulings. The judge had dismissed the applicant's applications in May 2022 (HH 334-22) and September 2022 (HH 633-22), and the Supreme Court had dismissed her appeal (SC 500/22).
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