Back to top
Zalari has raised $2 million USD in a founding round led by Nyamaropa Technologies
Harare High Court

ACCURIST TRADING (PVT) LTD t/a LEWISAM MOTORS versus CORNHOOD INVESTMENTS (PVT) LTD

HH 125-22

Case Details

Court
Harare High Court
Date
9 March 2022
Citation
HH 125-22
Neutral Citation
[2022] ZWHH 125
Outcome
unknown
Case Type
Application

Bench

Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Civil ProcedureDefault Judgment
Keywords
Default judgmentRescissionRegistrar's officeMisfilingWillful default
Tags
Default JudgmentRescission of JudgmentRegistrar's Office Error
legislation
Statutes Cited
  • [
  • ]
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the default judgment should be rescinded due to misfiling by Registrar's office","issue_type":"procedural","dispositive":"yes","related_facts":"Timely filing of plea and counterclaim, misfiling by Registrar"}
  • {"issue_text":"Whether the points in limine raised by respondent have merit","issue_type":"procedural","dispositive":"no","related_facts":"Points in limine regarding right of audience, dirty hands, rule disregard, bar, academic nature"}
  • {"issue_text":"Whether applicant was in willful default","issue_type":"mixed","dispositive":"yes","related_facts":"Timely filing with date stamp, Registrar's office error"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

Applicant was served with summons on 22 September 2020, entered appearance to defend on 24 September 2020, and filed plea and counterclaim on 27 October 2020. Despite timely filing, default judgment was granted against applicant on 4 December 2020 due to misfiling by Registrar's office. Applicant now seeks rescission of this default judgment.
Read the full judgment, get AI analysis, and find related cases
Open in Zalari →