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MAZIBUKO NO & ANOR v NDEBELE & ORS 2008 (2) ZLR 26 (H)

2008 (2) ZLR p26

Citation

2008 (2) ZLR 26 (H)

Case No

Judgment No. HB-68-08

Court

High Court, Bulawayo

Judge

Kamocha J

Heard

25 June 2008

Judgment

17 July 2008

Counsel

N Mazibuko, for the applicants
J Mudenda, for the first respondent
No appearance for the second, third and fourth respondents

Case Type

Civil application

Annotations

No case annotations to date

Flynote

Practice and procedure – action – dismissal of – application by defendant for dismissal of action on grounds that it is frivolous and vexatious – application may not be made before a plea is filed

Practice and procedure – plea – special pleas, exceptions and applications to strike out – in absence of consent between the parties, applicant must plead over to the merits – need to comply with r 138(c) before matter can be set down

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