THOMAS MAPOSA versus DIGGLEFORD DEVELOPMENT ASSOCIATION and MARK MAPURANGA

HH 47-2007

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Case Details

Court

Harare High Court

Date

11 July 2007

Citation

HH 47-2007

Neutral Citation

[2007] ZWHH 47

Outcome

unknown

Case Type

Trial

Bench

Presiding

BHUNU J

Full Bench

BHUNU J

Areas of Law

Property LawDelict

Keywords

motor vehiclewrongful saledamagesabsolution from instance

Key Issues

{"issue_text":"Whether the application for absolution from the instance should be granted","issue_type":"procedural","dispositive":"yes","related_facts":"Plaintiff's counsel's failure to oppose the application"}
{"issue_text":"Whether costs should be awarded against the plaintiff or his counsel","issue_type":"procedural","dispositive":"no","related_facts":"Plaintiff's counsel's unprofessional conduct"}
{"issue_text":"Whether the matter should be referred to the Law Society of Zimbabwe","issue_type":"procedural","dispositive":"no","related_facts":"Plaintiff's counsel's gross dereliction of duty"}

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background

Facts of the Case

Background

The plaintiff sued both defendants for the return of his motor vehicle or damages arising from its alleged wrongful sale by the first defendant to the second defendant. The trial commenced on 31 October 2006 and the plaintiff closed his case on 29 November 2006. The defendants applied for absolution from the instance, but the plaintiff's counsel failed to file written submissions in opposition despite multiple court reminders.

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