BATSIRAI CHILDREN'S CARE v MINISTER LOCAL GOVERNMENT & ORS 2011 (2) ZLR 203 (H)
Citation | 2011 (2) ZLR 203 (H) |
Case No | Judgment No. HH-198-11 |
Court | High Court, Harare |
Judge | Hlatshwayo J |
Heard | 29 September 2011 |
Judgment | 29 September 2011 |
Counsel | R Nyamudira, with him O Sake, for the applicant |
Case Type | Opposed application |
Annotations | No case annotations to date |
Flynote
Practice and procedure – declaratory order – application – applicant one of many people affected by a police operation – application to have whole operation declared unlawful – not possible for such declaration to be made without evidence on how other people were affected
Practice and procedure – interdict – application – purpose for which interdict sought – interdict sought in relation to past event – interdict not competent unless facts alleged justifying reasonable apprehension that harm likely to be repeated
Practice and procedure – parties – "clean hands" – requirement to come to court with – limits to such requirement – party not in compliance with law but not challenging such law – application in respect of unrelated matter – party not barred
This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.