Marimo v Nkala and Anor (HB 64 of 2007) [2007] ZWBHC 64 (13 June 2007)

Marimo v Nkala and Anor (HB 64 of 2007) [2007] ZWBHC 64 (13 June 2007)

Violin Dlodlo was not properly authorised to represent the applicant either by Power of Attorney or as curator ad litem. The challenge to her authority was not addressed or ratified. The application was not properly before the court and must be dismissed.

Citation
[2007] ZWBHC 64
Parties
Applicant: Shumai Marimo; 1st Respondent: Raphael Nkala; 2nd Respondent: Registrar of Deeds
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
13 June 2007
Case Number
HB 64 of 2007
Procedural Posture
Opposed Application / Judgment
Outcome
Application dismissed with costs
Legal Topics
Rescission of Judgment, Capacity to Contract, Authority to Institute Proceedings
Source Language
English
Civil Procedure Contract Law Rescission of Judgment Capacity to Contract Authority to Institute Proceedings

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Parties

Shumai Marimo

Applicant

Raphael Nkala

1st Respondent

Registrar of Deeds

2nd Respondent

Procedural Posture

Opposed Application / Judgment

Legal Issues

  1. 1 Whether Violin Dlodlo was properly authorised to depose to the founding affidavit and represent the applicant
  2. 2 Whether the application for rescission of judgment should be granted
  3. 3 Whether the provisional order staying execution should be confirmed

Ratio Decidendi

Violin Dlodlo was not properly authorised to represent the applicant either by Power of Attorney or as curator ad litem. The challenge to her authority was not addressed or ratified. The application was not properly before the court and must be dismissed.

Court Disposition

Application dismissed with costs

Orders

  • The application is dismissed with costs.