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Harare High Court
Colforth Investment (Private) Limited & 9 Ors v Kingdom Bank Limited
HH 368-13
Case Details
Court
Harare High Court
Date
17 October 2013
Citation
HH 368-13
Neutral Citation
[2013] ZWHH 368
Outcome
unknown
Case Type
Application
Bench
Presiding
Matanda-Moyo J
Full Bench
Matanda-Moyo J
Areas of Law
Civil ProcedureBanking Law
Keywords
rescissiondefault judgmentcondonationRule 63delay
Tags
rescission of judgmentdefault judgmentcondonationHigh Court Rules
legislation
Statutes Cited
- High Court Rules
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicants require condonation for late filing of rescission application outside one-month period","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed after May/June 2011 awareness of judgment"}
- {"issue_text":"Whether oral application for condonation supported by evidence","issue_type":"procedural","dispositive":"yes","related_facts":"No evidence presented for condonation application"}
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background
Facts of the Case
Background
The applicants sought rescission of a default judgment granted against them on 18 January 2011. They became aware of the judgment in May/June 2011 but only filed their application for rescission outside the one-month period prescribed by Rule 63(1) of the High Court Rules, without first obtaining condonation for the late filing.
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