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TSVANGIRAI v MUGABE & ORS 2003 (1) ZLR 457 (H)

2003 (1) ZLR p457

Citation

2003 (1) ZLR 457 (H)

Case No

Judgment No. HH-137-03

Court

High Court, Harare

Judge

Mavangira J

Heard

28 March 2003; 14 April 2003

Judgment

14 April 2003

Counsel

B W Elliot (on 28 March 2003) and A P de Bourbon SC (on 14 April 2003), for the applicant
T Hussein, for the first respondent
Mrs Y Dondo, for the second and third respondents
G Chikumbirike, for the fourth respondent

Case Type

Opposed application

Annotations

No case annotations to date

Flynote

Election — election petition — determination of — need for trial to be held — not permissible for petition to be upheld by default — application to strike out defence for non-compliance with orders for discovery of documents — application having effect of deciding matter by default — application dismissed

Practice and procedure — application — to strike out defence — striking out having effect of deciding matter in favour of applicant — election petition — requirement for trial — application to strike out not being appropriate

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