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MATAPO & ORS v BHILA NO & ANOR 2010 (1) ZLR 321 (H)

2010 (1) ZLR p321

Citation

2010 (1) ZLR 321 (H)

Case No

Judgment No. HH-84-10

Court

High Court, Harare

Judge

Uchena J

Heard

29 April 2010; 10 May 2010

Judgment

14 May 2010

Counsel

C Warara, for the applicants
T R Zvakare, for the second respondent

Case Type

Civil application

Annotations

Link to case annotations

Flynote

Court – judicial officer – recusal – application for – grounds – bias – appearance of bias – application must be based on reasonable litigant's apprehension of bias and apprehension itself must be reasonable – refusal to grant postponement – not in itself an indication of bias – previous knowledge of case – magistrate having convicted an accomplice who was to be called as witness in subsequent trial – reasonable to fear that he would not dispassionately assess accomplice's evidence

Criminal procedure – review – uncompleted proceedings – when court may entertain application for review

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