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Harare High Court
Christopher Zvinavashe v Nobuhle Ndhlovu
HH 3-2013
Case Details
Court
Harare High Court
Date
13 October 2011
Citation
HH 3-2013
Neutral Citation
[2013] ZWHH 3
Outcome
unknown
Case Type
Application
Bench
Presiding
CHITAKUNYE J
Full Bench
CHITAKUNYE J
Areas of Law
Civil ProcedureHigh Court Rules
Keywords
rescissiondefault judgmentaffidavitpower of attorneycondonationtime limits
Tags
rescission of judgmentdefault judgmentprocedural irregularity
legislation
Statutes Cited
- Civil Evidence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether an application filed outside the time limit set by a court order requires condonation for the delay","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant filed current application after 10-day period ordered on 20 September 2007 had lapsed"}
- {"issue_text":"Whether a person can depose to a founding affidavit on behalf of an applicant based on a general power of attorney","issue_type":"procedural","dispositive":"yes","related_facts":"Felistus Murombo deposed to founding affidavit as applicant's wife under general power of attorney"}
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background
Facts of the Case
Background
The applicant sought to rescind two default judgments granted against him in 2005 and 2006. The application was brought by the applicant's wife under a general power of attorney and was filed outside the time limits set by a previous court order without seeking condonation.
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