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Bulawayo High Court

Adhesive Products Manufacturers (Private) Limited v Parkam Enterprises (Private) Limited (Under the provisional judicial management of N. Motsi) and The Assistant Master of the High Court N.O.

HB 12/21

Case Details

Court
Bulawayo High Court
Date
1 February 2021
Citation
HB 12/21
Neutral Citation
[2021] ZWHB 12
Outcome
unknown
Case Type
Application

Bench

Presiding
Dube-Banda J
Full Bench
Dube-Banda J
Areas of Law
Company LawInsolvency Law
Keywords
provisional judicial managementdefault judgmentnotice of oppositionbarunopposed application
Tags
judicial managementprovisional orderdischarge of orderdefault judgment
legislation
Statutes Cited
  • High Court Rules, 1971
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the court should grant default judgment where respondent is barred for failure to file notice of opposition","issue_type":"procedural","dispositive":"yes","related_facts":"First respondent failed to file notice of opposition within prescribed time"}
  • {"issue_text":"Whether counsel for barred respondent has right of audience","issue_type":"procedural","dispositive":"no","related_facts":"Mr Mazibuko appeared for barred respondent"}
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background
Facts of the Case

Background

The applicant sought discharge of a provisional judicial management order issued in March 2016 that had never been confirmed. The first respondent failed to file a notice of opposition and was automatically barred, making the application unopposed.
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