RUSHESHA NO & ANOR v DERA & ORS 2013 (2) ZLR 275 (H)
Citation | 2013 (2) ZLR 275 (H) |
Case No | Judgment No. HH-385-13 |
Court | High Court, Harare |
Judge | Zhou J |
Heard | 6 August 2013; 7 August 2013; 9 August 2013; 15 August 2013; 16 August 2013; 17 August 2013; 4 December 2012, 24 January 2013; 1 February 2013,7 February 2013; CAV |
Judgment | 25 September 2013 |
Counsel | T Mpofu, for the plaintiffs |
Case Type | Civil trial |
Annotations | No case annotations to date |
Flynote
Contract – nature of – disguised transaction – property given as security for a debt – transaction disguised as a sale – approach of court thereto – court looks at substance and not form of transaction
Contract – pactum commissorium – such contract illegal and unenforceable – any proceeding founded thereon a nullity
Costs – de bonis propriis – legal practitioner – misconceived application for recusal – application made respectfully and without scandalizing court – order of costs not warranted
Court – judicial officer – recusal – grounds for – bias – judicial officer having, when acting as counsel in an earlier and unrelated case, made submissions indicating disapproval of party's manner of conducting business – not a ground for recusal
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