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MORRIS v MORRIS & ANOR 2011 (1) ZLR 334 (H)

2011 (1) ZLR p334

Citation

2011 (1) ZLR 334 (H)

Case No

Judgment No. HH-71-11

Court

High Court, Harare

Judge

Mawadze J

Heard

28 January 2011

Judgment

10 March 2011

Counsel

T N Kanengoni, for the applicant
T Mpofu, for the first respondent
No appearance for the second respondent

Case Type

Opposed application

Annotations

No case annotations to date

Flynote

Practice and procedure – application – use of application procedure – when proper – in event of conflicting evidence, correct course is to proceed by way of action

Practice and procedure – rescission of judgment – principles – discovery of new documents – need for documents to have existed at time judgment was given – not permissible to rely on document created subsequently

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