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KHUZWAYO v ASSISTANT MASTER OF THE HIGH COURT & ORS 2007 (1) ZLR 34 (H)

2007 (1) ZLR p34

Citation

2007 (1) ZLR 34 (H)

Case No

Judgment No. HB-8-07

Court

High Court, Bulawayo

Judge

Bere J

Heard

18 January 2007

Judgment

18 January 2007

Counsel

E T Matinenga, for the applicant
M Nyathi, for the third respondent
No appearance for the first and second respondents

Case Type

Civil application

Annotations

No case annotations to date

Flynote

Company — winding up — order for winding up obtained from court — staying of winding up proceedings — not necessary to apply for rescission of order — party entitled to proceed under s 227 of Companies Act [Chapter 24:03]

Costs — payment of costs by successful party — court application — dilatory behaviour by applicant — applicant may be required to pay costs notwithstanding the success of his application

Legal practitioner — conduct and ethics — acting without instructions — legal practitioner filing notice of opposition to application without taking instructions from client — impropriety of — legal practitioner's role in relation to client and court — duty of legal practitioner to obtain instructions from client — in the absence of specific instructions from client, legal practitioner is not entitled to speculate on the position of his client

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