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Harare High Court
Deep Overseas Company v Yorkdale Enterprises (Pvt) Ltd & 2 Ors
HH 212-21
Case Details
Court
Harare High Court
Date
21 April 2021
Citation
HH 212-21
Neutral Citation
[2021] ZWHH 212
Outcome
unknown
Case Type
Application
Bench
Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Civil ProcedureHigh Court Rules
Keywords
Reinstatement of caseStruck off rollPractice Direction 3/13Technical irregularity
Tags
ReinstatementPractice DirectionStruck off roll
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application for reinstatement was filed within the prescribed time period","issue_type":"procedural","dispositive":"yes","related_facts":"Matter struck off 13 November 2019, application filed 31 January 2020"}
- {"issue_text":"Whether the applicant's failure to file an answering affidavit warrants dismissal","issue_type":"procedural","dispositive":"no","related_facts":"Respondents raised this as a point in limine"}
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background
Facts of the Case
Background
The applicant's case was struck off the roll twice due to technical irregularities - first when a clerical error caused the pre-trial conference to be held at the wrong time, and second when costs awarded against the applicant had not been paid. The applicant now seeks reinstatement of the matter.
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