S v Kencor Management Services (Pvt) Ltd. (CRB 6685 of 2016; HC 3184 of 2019; HH 234456 of 2019; HH 70 of 2017) [2017] ZWHHC 70 (9 January 2017)
The court found that the name of the applicant was incorrectly cited and ordered the substitution with the correct party name.
Source-derived case information.
- Citation
- [2017] ZWHHC 70
- Parties
- Applicant: Lance Kennedy; 1st Respondent: The State; 2nd Respondent: The Clerk of the Criminal Court, Provincial Magistrates' Court, Harare
- Court
- Harare High Court
- Jurisdiction
- Zimbabwe
- Case Number
- CRB 6685 of 2016 ; HC 3184 of 2019 ; HH 234456 of 2019 ; HH 70 of 2017
- Procedural Posture
- Chamber Application / Variation of Judgment
- Outcome
- application granted
- Legal Topics
- Variation of Judgment, Party Substitution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lance Kennedy
Applicant
The State
1st Respondent
The Clerk of the Criminal Court, Provincial Magistrates' Court, Harare
2nd Respondent
Procedural Posture
Chamber Application / Variation of Judgment
Legal Issues
- 1 Whether the judgment should be varied to substitute the applicant's name with the correct party
Ratio Decidendi
The court found that the name of the applicant was incorrectly cited and ordered the substitution with the correct party name.
Court Disposition
application granted
Orders
- The judgment under HH 70-17 is varied to substitute Lance Kennedy with Kencor Management Services (Private) Limited.
- The Clerk of the Criminal Court is directed to amend the record to reflect the correct parties.
Full Case Text
Judgment text and source record
1 paragraphs
0234456 ,ffrffi! i1 t ;t't'-":'tI "o'.,'"t ?014 t ^ .,,"- Case No. HC 3l84l1g AI'PLICANT 1s'I' RESI,ONDENT 2ND RESPONDENT HH IN THE HIGH COURT OF ZIMI}AI}WE HELD AT HARARE 1c t4AY In the matter between: I,ANCE KENNEDY ANI) THE STATE THE CLEITK OF THE CRIMINAL COURT PROVINCIAL MAGISTRATE,S' COUIi. T, HARARE IJarare, the 7th day of MaY, 2019 Belore the l-{onourable Mr Justice Mangota IN CHAMBERS WHEREUPON, after reading documcnts filed of record, IITIS ORDERED TIIA'I': 1. The judgment issued out under HH 70-17 be varied so that the name of Lance Kennedy be and is hereby removed in the citation of the par-ties and is substituted with Kencor Management Services (Private) Limited. 2. The Clerk of the Criminal Court, Provincial Magistrates Court, Harare be and is hereby directed to ensure that the record of procee<lings under CRB6685/2016 reflects the correct parties as set out in paragraph I above. j 3. There be no order as to costs. ii, ;.;: iril$ : .i l , ! ' . BY THE JUDGE .a / I I DEI'UTY RE,GISTRAR lgtz