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(1) MASHANGWA & ANOR v MAKANDIWA & ORS (2) MAKANDIWA & ANOR v MASHANGWA & ANOR 2019 (1) ZLR 133 (H)

2019 (1) ZLR p133

Citation

2019 (1) ZLR 133 (H)

Case No

Judgment No. HH-40-19

Court

High Court, Harare

Judge

Tagu J

Heard

18 December 2018

Judgment

23 January 2019

Counsel

L Uriri, for applicants in HC 4197/18 and for respondents in HC 1774/18
S Hashiti, for respondents in HC 4197/18 and for applicants in HC 1774/18

Case Type

Annotations

Flynote

Practice and procedure – action – dismissal of – application for – grounds – want of prosecution – principles – late filing of reply – not fatal – applicant clearly intending to prosecute claim and explanation for delay reasonable

Practice and procedure – res judicata – principles – when matter is res judicata – previous proceedings involving same parties and same dispute – matter dealt with on technical and procedural bases – merits of matter not considered – matter not res judicata

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