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Harare High Court

Chichi Clothing Manufacturers (Pvt) Ltd and E. K. Saguta (Pvt) Ltd and Doc Watson (Pvt) Ltd and Elliot Saguta Chichi Makuyana v Commercial Bank of Zimbabwe Ltd and Agricultural Bank of Zimbabwe Ltd and The Registrar of Deeds

HH 88-2006

Case Details

Court
Harare High Court
Date
28 July 2006
Citation
HH 88-2006
Neutral Citation
[2006] ZWHH 88
Outcome
unknown
Case Type
Application

Bench

Presiding
Patel J
Full Bench
Patel J
Areas of Law
Civil ProcedureBanking Law
Keywords
default judgmentbarringnotice to pleaddies induciaeHigh Court RulesOrder 12
Tags
default judgmentbarring procedureHigh Court Rulescivil procedure
legislation
Statutes Cited
  • High Court Rules
  • High Court Rules
  • High Court Rules
  • High Court Rules
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether a defendant is automatically barred for failure to file plea within prescribed time under Order 12 Rules 80-81","issue_type":"procedural","dispositive":"yes","related_facts":"Defendant filed plea on 22 March, two days late; plaintiffs purported to bar on 23 March"}
  • {"issue_text":"Whether plaintiffs properly effected barring by filing notice after defendant had already filed plea","issue_type":"procedural","dispositive":"yes","related_facts":"Notice filed 23 March, plea filed 22 March"}
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background
Facts of the Case

Background

The plaintiffs issued summons in November 2004 claiming cancellation of sale and transfer of immovable property. After various proceedings, plaintiffs filed notice to plead on 13 March 2006. First defendant filed its plea on 22 March 2006, two days after the time to plead expired. Plaintiffs purported to bar the defendant and filed for default judgment.
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