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REPUBLIC OF SOUTH AFRICA v BERNSTEIN 2019 (3) ZLR 898 (H)

2019 (3) ZLR p898

Citation

2019 (3) ZLR 898 (H)

Case No

Judgment No.

Court

High Court, Harare

Judge

Chatukuta J & Musakwa JJ

Heard

2 April 2019; 16 May 2019

Judgment

30 October 2019

Counsel

C Mutangadura, for the appellant
T Zhuwarara, for the respondent

Case Type

Criminal appeal

Annotations

Flynote

Criminal procedure – extradition – appeal – nature of appeal – appeal in wide sense, involving re-hearing – extradition hearing – nature of proceedings – neither civil nor criminal – sui generis

Practice and procedure – functus officio – when court is functus officio – need for decision to have been made on merits

Practice and procedure – res judicata – plea – not available where previous decision not on merits

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