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Harare High Court
Christopher Andrew Samkange and Assumpta Samkange v Vision/R4 Corporation and Professional Computer Services (Pvt) Ltd and Christopher John Ndabezinhle Makasi-Shava
HH 139-17
Case Details
Court
Harare High Court
Date
3 March 2017
Citation
HH 139-17
Neutral Citation
[2017] ZWHH 139
Outcome
unknown
Case Type
Application
Bench
Presiding
PHIRI J
Full Bench
PHIRI J
Areas of Law
Civil ProcedureCommercial Litigation
Keywords
condonationrescissionlate filingheads of argumentdelay
Tags
condonationrescission of judgmentheads of argumentdelay
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court should grant condonation for the late filing of Heads of Argument","issue_type":"procedural","dispositive":"yes","related_facts":"Inordinate delay from February 2015 to January 2016"}
- {"issue_text":"Whether the court should rescind the default judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Default judgment endorsed on 11 January 2016"}
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background
Facts of the Case
Background
The applicants sought condonation for late filing of Heads of Argument and rescission of a default judgment. The delay was extensive - respondent's heads were filed on 3 February 2015 while applicants' heads were only filed on 21 July 2015, with the condonation application only being filed in January 2016. The court found no reasonable explanation for the inordinate delay.
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