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Harare High Court

Tobias Tachiveyi Musariri v Ignatius Ruvinga and M & M Enterprises (Pvt) Ltd

HH 55-18

Case Details

Court
Harare High Court
Date
5 February 2018
Citation
HH 55-18
Neutral Citation
[2018] ZWHH 55
Outcome
unknown
Case Type
Application

Bench

Presiding
Mangota J
Full Bench
Mangota J
Areas of Law
Civil ProcedureHigh Court Rules
Keywords
BarDeclarationPleaNullityFurther Particulars
Tags
Uphiftment of BarPleadingFurther Particulars
legislation
Statutes Cited
  • High Court Rules, 1971
  • High Court Rules, 1971
  • High Court Rules, 1971
  • High Court Rules, 1971
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the notice of bar issued by the respondents was valid and effective.","issue_type":"procedural","dispositive":"yes","related_facts":"Issuance of notice of bar under Rule 59; request for further particulars."}
  • {"issue_text":"Whether the applicant was entitled to request further particulars before filing a plea.","issue_type":"law","dispositive":"yes","related_facts":"Request for further particulars dated 15 May 2017."}
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background
Facts of the Case

Background

The applicant requested further particulars from the respondents after receiving their declaration. The respondents issued a notice of bar, claiming the applicant had failed to file his plea within the stipulated time. The applicant then applied for the upliftment of the bar, arguing the bar was improperly issued.
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