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Harare High Court
Rita Marque Mbatha and Ivyn Gabriel Mbatha v Mimosa Mining (Private) Limited and Messenger of Court
HH 182-11
Case Details
Court
Harare High Court
Date
21 September 2011
Citation
HH 182-11
Neutral Citation
[2011] ZWHH 182
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Mavangira J
Full Bench
Mavangira J
Areas of Law
Property LawCivil Procedure
Keywords
eviction orderstay of executionurgencylocus standiforum shopping
Tags
evictionurgent applicationstay of executionlocus standi
legislation
Statutes Cited
- N
- o
- n
- e
- c
- i
- t
- e
- d
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application meets the requirements of urgency","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants filed three similar urgent applications; previous ones dismissed for lack of urgency"}
- {"issue_text":"Whether applicants have valid challenge to first respondent's locus standi","issue_type":"mixed","dispositive":"no","related_facts":"Applicants claim first respondent is not owner of property"}
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background
Facts of the Case
Background
The applicants, who had been evicted from 47A Dover Road, Chisipite, sought urgent interim relief for restoration of occupation pending appeal. They had previously filed two similar urgent applications (HC 5268/11 and HC 7967/11) which were dismissed for lack of urgency.
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