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Harare High Court
DIVVYMAN ENTERPRISES (PVT) LTD versus CESPERK MARKETING (PVT) LTD and EDMORE MAKUREYA
H 790-22
Case Details
Court
Harare High Court
Date
9 November 2022
Citation
H 790-22
Neutral Citation
[2022] ZWHH 790
Outcome
unknown
Case Type
Application
Bench
Presiding
CHILIMBE J
Full Bench
CHILIMBE J
Areas of Law
Commercial lawCompany lawCivil procedure
Keywords
Default judgmentRescissionCompanies and Other Business Entities ActPresumption of regularityEstoppel
Tags
Default judgmentRescission applicationCompany lawFraud
legislation
Statutes Cited
- Companies and Other Business Entities Act
- High Court Rules 2021
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant has shown good and sufficient cause for rescission of default judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's failure to attend pre-trial conference, changeover of legal practitioners"}
- {"issue_text":"Whether applicant's default was wilful or due to negligence","issue_type":"mixed","dispositive":"yes","related_facts":"Changeover between legal practitioners, missed deadlines"}
- {"issue_text":"Whether applicant has a bona fide defence with prospects of success","issue_type":"law","dispositive":"yes","related_facts":"Edmore's fraud, first respondent's knowledge, presumption of regularity under COBA"}
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background
Facts of the Case
Background
Applicant seeks rescission of default judgment entered against it. The dispute arises from fraudulent conduct of applicant's former employee Edmore Makureya who misrepresented himself to procure goods on credit from first respondent, leaving first respondent exposed to losses of US$ 7,783.50 and ZWL 60,750.00.
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