Nyamhuka & Anor v Mapingure & Ors (HC 12943 of 2016; HH 29 of 2017; Ref HC 3499 of 2014; REF HH 425 of 2014; REF SC 409 of 2015) [2017] ZWHHC 29 (6 January 2017)

Nyamhuka & Anor v Mapingure & Ors (HC 12943 of 2016; HH 29 of 2017; Ref HC 3499 of 2014; REF HH 425 of 2014; REF SC 409 of 2015) [2017] ZWHHC 29 (6 January 2017)

Failure to comply with Rule 241(1) by not using Form 29 with appropriate modifications in a chamber application requiring service is fatal to the application. No condonation was sought for the non-compliance, so the application is struck off the roll with costs.

Source-derived case information.

Citation
[2017] ZWHHC 29
Parties
Applicant: Joshua Nyamhuka; Applicant: Church of God of Prophecy; Respondent: Abigail Mapingure; Respondent: David Mtisi; Respondent: Pio Chidyamakuni; Respondent: Kennedy Chinyowa; Respondent: Moses Mudaya; Respondent: Godfrey Matangi; Respondent: Goodwin Chitakasha; Respondent: Philip Matevani; Respondent: Dispol ZRP Southerton Harare South HQ; Respondent: Officer in Charge Machipisa
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
6 January 2017
Case Number
HC 12943 of 2016 ; HH 29 of 2017 ; Ref HC 3499 of 2014 ; REF HH 425 of 2014 ; REF SC 409 of 2015
Procedural Posture
Urgent Chamber Application / Ruling on Preliminary Objections
Outcome
application struck off the roll
Legal Topics
Urgent Applications, Form of Pleadings, Service of Process, Costs
Source Language
english
Civil Procedure Urgent Applications Form of Pleadings Service of Process Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

Joshua Nyamhuka

Applicant

Church of God of Prophecy

Applicant

Abigail Mapingure

Respondent

David Mtisi

Respondent

Pio Chidyamakuni

Respondent

Kennedy Chinyowa

Respondent

Moses Mudaya

Respondent

Godfrey Matangi

Respondent

Goodwin Chitakasha

Respondent

Philip Matevani

Respondent

Dispol ZRP Southerton Harare South HQ

Respondent

Officer in Charge Machipisa

Respondent

Procedural Posture

Urgent Chamber Application / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether failure to use the correct form (Form 29 with modifications) in a chamber application requiring service is fatal to the application
  2. 2 Whether the certificate of urgency was defective
  3. 3 Whether police can lawfully enforce High Court orders

Ratio Decidendi

Failure to comply with Rule 241(1) by not using Form 29 with appropriate modifications in a chamber application requiring service is fatal to the application. No condonation was sought for the non-compliance, so the application is struck off the roll with costs.

Court Disposition

application struck off the roll

Orders

  • The application is struck off the roll.
  • Applicants to pay respondents’ costs jointly and severally, the one paying the other to be absolved.