SIBANDA v GUMBO & ANOR 2010 (2) ZLR 484 (H)
Citation | 2010 (2) ZLR 484 (H) |
Case No | Judgment No. HB-139-10 |
Court | High Court, Bulawayo |
Judge | Mathonsi J |
Heard | 15 October 2010 |
Judgment | 28 October 2010 |
Counsel | M Ncube, for the applicant |
Case Type | Chamber application |
Annotations | No case annotations to date |
Flynote
Practice and procedure - summary judgment - application - notice of application - application in magistrates court - at least seven days' notice to be given -failure to comply with rule - grant of summary judgment a gross irregularity
Practice and procedure -parties - locus standi – husband - wife leasing property - husband neither owner of property nor a signatory to lease agreement - no locus standi to bring a claim against the lessee based on lease agreement
Review - grounds for - gross irregularity in proceedings or decision - failure to adhere to a peremptory procedural requirement - such failure constituting a gross irregularity - granting eviction order when issue of non-payment of rent had been referred to trial - also a gross irregularity
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