MUFUNDISI v RUSERE 2008 (2) ZLR 264 (H)
Citation | 2008 (2) ZLR 264 (H) |
Case No | Judgment No. HH-22-09 |
Court | High Court, Harare |
Judge | Bere J |
Heard | 6 November 2008 |
Judgment | 6 November 2008 |
Counsel | No appearance for the applicant |
Case Type | Urgent chamber application |
Annotations | Link to case annotations |
Flynote
Legal practitioner – conduct and ethics – refusal to accept court process – practitioner having obtained order in ex parte application – order granted erroneously – practitioner refusing to accept notice of set-down for fresh hearing – such conduct unethical and unacceptable
Practice and procedure – application – ex parte application – court's discretion to allow affected party to be heard – High Court Rules 1971 – r 244 – proviso to – r 246(1) – purpose of these provisions – protection for litigants in ex parte applications
Practice and procedure – judgment – correction of – judgment or order erroneously granted in absence of party affected thereby – judge mero motu invoking provisions of r 449 of High Court Rules 1971
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