MHUNGU v MTINDI 1986 (2) ZLR 171 (S)

Flynote

Practice — lis pendens — discretion of court to ignore other disputes for sake of equity and convenience — documents filed of record — court always entitled to make reference to its own records and proceedings — summary judgment — plea of lis pendens — reference to other records.

Headnote

Where a defendant has taken the objection of lis pendens the court may, even in a summary judgment application, exercise its discretion to determine the dispute before it for the sake of equity and convenience.

In general the court is always entitled to make reference to its own records and proceedings, and to take note of its contents, even in summary judgment proceedings.