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Harare High Court
Apostolic Faith Mission in Zimbabwe and 23 Others v Brian Tenia S Chitimire
HH 701-17
Case Details
Court
Harare High Court
Date
18 October 2017
Citation
HH 701-17
Neutral Citation
[2017] ZWHH 701
Outcome
unknown
Case Type
Application
Bench
Presiding
MAKONI J
Full Bench
MAKONI J
Areas of Law
Civil ProcedureRescission of Judgment
Keywords
rescissiondefault judgmentprocedural errorheads of argument
Tags
rescission of judgmentprocedural irregularitychurch elections
legislation
Statutes Cited
- High Court Rules 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the default judgment should be rescinded","issue_type":"procedural","dispositive":"yes","related_facts":"Registrar's error, filing of heads of argument"}
- {"issue_text":"Whether respondent should pay costs of rescission application","issue_type":"procedural","dispositive":"no","related_facts":"Respondent's conduct after receiving heads of argument"}
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background
Facts of the Case
Background
The applicants sought rescission of a default judgment entered against them when the Registrar erroneously indicated they had not filed heads of argument and placed the matter on the unopposed roll. The respondent had been served with the heads of argument but proceeded to obtain judgment on the basis that no heads had been filed.
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