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CHADOKA v CHOMBO NO & ORS 2012 (2) ZLR 15 (H)

2012 (2) ZLR p15

Citation

2012 (2) ZLR 15 (H)

Case No

Judgment No. HH-287-12

Court

High Court, Harare

Judge

Mutema J

Heard

12 March 2012;16 March 2012;19 March 2012; CAV

Judgment

11 July 2012

Counsel

M Mavhunga, for the plaintiff
S Maphosa, for the first and second defendants
T C Masawi, for the third and fourth defendants

Case Type

Civil trial

Annotations

No case annotations to date

Flynote

Costs – legal practitioner and client scale – when should be awarded – lay client – legally represented – proceedings reckless, frivolous and vexatious – costs on higher scale awarded

Customary law – traditional leaders – appointment of – customary succession – unfettered discretion residing in President with regard to appointment of chiefs – President not obliged to follow customary principles of succession – headmen and village heads – nomination by chief – chief only required to nominate "suitable" person – no requirement to follow customary principles of succession – appointment by Minister or Secretary – Minister or Secretary obliged to appoint person nominated by chief unless there are good reasons to the contrary

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