Okeke and SIMWAL Investments (Pvt) Ltd (438 of 2023) [2023] ZWHHC 422 (19 July 2023)

Okeke and SIMWAL Investments (Pvt) Ltd (438 of 2023) [2023] ZWHHC 422 (19 July 2023)

The judge found that the applicant's apprehension of bias was reasonable due to prior discussions with the applicant's former advocate and recused himself to avoid any perception of partiality.

Citation
[2023] ZWHHC 422
Parties
Applicant: Jerome Okeke; First Respondent: Simwal Investments (Pvt) Ltd; Second Respondent: Registrar of Deeds
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
19 July 2023
Case Number
438 of 2023
Procedural Posture
Opposed Court Application / Recusal Application Ruling
Outcome
Judge recused himself from the matter.
Legal Topics
Recusal of Judge, Transfer of Property, Contract Enforcement
Source Language
English
Civil Procedure Recusal of Judge Transfer of Property Contract Enforcement

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Parties

Jerome Okeke

Applicant

Simwal Investments (Pvt) Ltd

First Respondent

Registrar of Deeds

Second Respondent

Procedural Posture

Opposed Court Application / Recusal Application Ruling

Legal Issues

  1. 1 Whether the judge should recuse himself due to prior contact with applicant's former advocate
  2. 2 Whether the applicant is entitled to compel transfer of property

Ratio Decidendi

The judge found that the applicant's apprehension of bias was reasonable due to prior discussions with the applicant's former advocate and recused himself to avoid any perception of partiality.

Court Disposition

Judge recused himself from the matter.

Orders

  • The judge recused himself from the case.
  • The record to be returned for allocation to a different judge.