Bulawayo High Court - 2019 August

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3 judgments

Citation	Judgment date
August 2019
Big Vallley Masters (Pvt) Limited v Estate Late Ayindile Sakala & 2 Ors (HB 133 of 2019; HC 1839 of 2019) [2019] ZWBHC 133 (29 August 2019) Urgent interdict refused due to lack of urgency and a defective, unserved appeal; applicant ordered to pay costs. Civil procedure — Urgent chamber application — Interdict pending appeal — Self-created or excused urgency — Requirements from Kuvarega — Defective notice of appeal; non-service and wrong filing render appeal a nullity — Relief refused for lack of urgency.	29 August 2019
Gwenhure v Gwenhure (HB 132 of 2019; HC 2343 of 2018) [2019] ZWBHC 132 (29 August 2019) High Court custody order varied: applicant proved changed circumstances and best interests favored transfer of custody to applicant. Family law – Variation of custody – Jurisdiction of magistrate versus High Court; Best interests of the child – standard of proof; Probation officer’s report – probative value in custody disputes; Access rights; Changed circumstances required for variation.	29 August 2019
Mtwetwa & Anor v Benbert Investments (Pvt) Ltd (HB 134 of 2019; HC 3000 of 2018) [2019] ZWBHC 134 (29 August 2019) Rescission refused where applicants failed to seek condonation for non-compliance with rules and were automatically barred. Civil procedure — Rescission of judgment — Order 49 Rule 449 — Dismissal for want of prosecution — Automatic bar for failure to file heads of argument — Necessity of condonation/removal of bar — Notice of opposition filed while barred ineffectual — Irrelevance of misdescription of court heading.	29 August 2019