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Supreme Court
Rita Mbatha & Anor v Vincent Ncube & Anor
[2018] ZWSC 19
Case Details
Court
Supreme Court
Date
7 March 2018
Citation
[2018] ZWSC 19
Judgment No.
SC 97/18
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Makarau JA
Full Bench
Makarau JA
Areas of Law
Property LawCivil Procedure
Keywords
eviction orderstay of executionappealmagistrates courthigh courtchambers application
Tags
evictionstay of executionurgent applicationchambers application
legislation
Statutes Cited
- Legal Practitioners Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a judge in chambers can grant stay of execution pending appeal when the appeal court is yet to determine the appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Appeal noted to Supreme Court under SC 847/17; Chamber application for stay filed"}
- {"issue_text":"Whether first applicant can represent second applicant without power of attorney","issue_type":"procedural","dispositive":"no","related_facts":"First applicant acting in person and purporting to represent second applicant"}
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background
Facts of the Case
Background
The applicants, facing eviction from their residence, sought a stay of execution pending an appeal to the Supreme Court. The first applicant appeared in person and also purported to represent the second applicant without proper authorization.
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