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Harare High Court
Danbro Holdings (Pvt) Ltd and Arlington Joint Venture v Innocent Manyange and Sakutukwa Partners and Registrar of Deeds
HH 376-13
Case Details
Court
Harare High Court
Date
23 October 2013
Citation
HH 376-13
Neutral Citation
[2013] ZWHH 376
Outcome
unknown
Case Type
Application
Bench
Presiding
Tsanga J
Areas of Law
Civil ProcedureCompany LawProperty Law
Keywords
rescissiondefault judgmentfraudservice of processcompany resolutionauthority
Tags
rescission of judgmentdefault judgmentcompany authoritylocus standi
legislation
Statutes Cited
- Companies Act [Chapter 24:03]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicants require condonation for late filing of rescission application under r 63","issue_type":"procedural","dispositive":"no","related_facts":"Application brought after default judgment"}
- {"issue_text":"Whether applicants have proper authority to institute proceedings without company resolution","issue_type":"procedural","dispositive":"yes","related_facts":"Director deposed to affidavit without annexing resolution"}
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background
Facts of the Case
Background
Applicants sought rescission of a default judgment obtained against them in HC 6876/07, alleging the judgment was obtained fraudulently through improper service. The first respondent claimed to have purchased property from first applicant in 2005. Applicants denied entering into any sale agreement and challenged service on alleged representative Jealousy Marimudza.
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