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Approach re: Issues in Limine, Technical or Procedural Objections, Dilatory, Declinatory and Dispositive Pleas

SC52-22 : AL SHAMS GLOBAL BVI LIMITED vs DEPOSIT PROTECTION CORPORATION and KIITUMETSI ZAWANDA and EQUITY PROPERTIES (PVT) LTD and REGISTRAR OF DEEDS N.O.
Ruled By: MATHONSI JA, KUDYA JA and MUSAKWA JA

Prior to the date of hearing of the appeal, the first and third respondents gave notice of objections in terms of Rule 51 of the Supreme Court Rules 2018.After hearing counsel on the objections, this Court requested to be addressed on the merits while parking its decision on the preliminary ...
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 HB102-22 : EXMIN SYNDICATE vs LUKE DUBE and THE PROVINCIAL MINING DIRECTOR, MATABELELAND SOUTH N.O. and OTHERS
Ruled By: MAKONESE J

The point in limine which I upheld deals with the competency of paragraph 3 of the Draft Order. It does not affect the application in its entirety.I must therefore proceed to determine this matter on the merits.
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Appealed
 SC95-21 : UPENYU MASHANGWA and BLESSING MASHANGWA vs EMMANUEL MAKANDIWA and RUTH MAKANDIWA and UNITED FAMILY INTERNATIONAL CHURCH
Ruled By: GWAUNZA DCJ, MAKONI JA and BERE JA

In HERBSTEIN Van WINSEN's The Civil Practice of the High Courts of South Africa, the purpose of an exception procedure was elucidated as follows:“The taking of an exception is a procedure which is interposed before the delivery of a plea on the merits by a defendant or before ...
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 HBHB160-21 : BLANKET MINE (1983) (PVT) LTD vs FISANI MOYO and VALENTINE MINE (Represented by THOMSON MOYO) and ZIMBABWE REPUBLIC POLICE, GWANDA and PROVINCIAL MINING DIRECTOR N.O.
Ruled By: KABASA J

I propose to deal with the points in limine first: Heywood Investments (Pvt) Ltd t/a GDC Hauliers v Zakeo SC32-13....,.MATHONSI J did say in Telecel Zimbabwe (Pvt) Ltd v POTRAZ and Others HH446-15:“Legal practitioners should be reminded, that, it is an exercise in futility to raise points in limine ...
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SC41-21 : YSMIN MAHOMMED vs TAWURAYI KASHIRI
Ruled By: KUDYA AJA

I heard argument on both the preliminary points and on the merits.I indicated to the parties that I would not proceed to determine the matter on the merits if I upheld any of the preliminary points raised...,.
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 HH418-23 : LOVEDALE MANGWANA vs SAVIOUR KASUKUWERE and ZIMBABWE ELECTORAL COMMISSION and MINISTER OF JUSTICE, LEGAL AND PARLIAMENTARY AFFAIRS
Ruled By: MANGOTA J

Technical issues are allowed by law.They are more often than not raised by the parties legal practitioners who are schooled in substantive law as well as in the law of practice and procedure.The issues colour the case of the parties for better or for worse. Where they are properly raised, ...
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