BLUE RANGES ESTATES (PVT) LTD v MUDUVIRI & ANOR 2009 (1) ZLR 368 (S)
Citation | 2009 (1) ZLR 368 (S) |
Case No | Judgment No. S-29-09 |
Court | Supreme Court. Harare |
Judge | Malaba DCJ (in chambers) |
Heard | 20 May 2009 |
Judgment | 16 June 2009 |
Counsel | D P Drury, for the applicant |
Case Type | Application to strike appeal off roll |
Annotations | Link to case annotations |
Flynote
Appeal – Rules of Supreme Court – departure from – discretion given to judge in terms of r 4 – cannot be used to give single judge jurisdiction which he would not otherwise have
Appeal – striking out – application for striking out made to single judge of Supreme Court in chambers – judge in chambers not having jurisdiction to strike out appeal
Practice and procedure – order – nature of – when order is interlocutory or final – need to examine effect of order, not its form
Property and real rights – spoliation order – nature of – spoliation order final in effect – cannot be granted unless clear right established in applicant's favour
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