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MAGWAZA v TSHUMA & ORS 2019 (3) ZLR 1237 (H)

2019 (3) ZLR p1237

Citation

2019 (3) ZLR 1237 (H)

Case No

Judgment No. HH-815-19

Court

High Court, Harare

Judge

Mushore J and Chinamora J

Heard

24 October & 4 November 2019

Judgment

11 December 2019

Counsel

M Ndlovu, for the applicant
G Madzoka, for the first respondent
T Deme, for the second respondent
No appearance for the third and fourth respondents

Case Type

Opposed application

Annotations

Flynote

Court – High Court – jurisdiction – interference with decision of magistrates court – whether can only be by way of appeal or review – magistrate having made decision that was ultra vires – such decision impeding proceedings at High Court – High Court having power to nullify magistrate's decision

Court – magistrates court – jurisdiction – grant of interdict – ex parte interdict – limited circumstances in which court may grant interdict

Interdict – grant of – ex parte application – magistrates court – limited circumstances in which magistrates court may grant interdict ex parte

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