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Harare High Court
Charles Victor Gurupira and Agnes Gurupira v The Sheriff of Zimbabwe N.O and Maxwell Chisvo and International Finance Corporation
HH 80-2008
Case Details
Court
Harare High Court
Date
3 September 2008
Citation
HH 80-2008
Neutral Citation
[2008] ZWHH 80
Outcome
unknown
Case Type
Application
Bench
Presiding
HUNGWEN J
Full Bench
HUNGWEN J
Areas of Law
Civil ProcedureProperty LawMortgage Law
Keywords
rescissiondefault judgmentcondonationmortgagesurety
Tags
rescission of judgmentmortgage bonddefault judgmentcondonation
legislation
Statutes Cited
- None
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicants are entitled to condonation for late filing of rescission application","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed 2 years and 3 months after default judgment"}
- {"issue_text":"Whether applicants have established grounds for rescission of default judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Default judgment entered when legal practitioner allegedly failed to appear"}
- {"issue_text":"Whether applicants followed correct procedure by combining condonation and rescission applications","issue_type":"procedural","dispositive":"no","related_facts":"Single notice of motion sought both condonation and rescission"}
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background
Facts of the Case
Background
The applicants, who were directors of Agriflora (Pvt) Ltd, mortgaged their property as security for a company loan. After company default, the property was sold and judgment entered against them. They now seek rescission of the default judgment entered on 6 September 2004, claiming their legal practitioner failed to appear, and seek condonation for the late filing of the rescission application.
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