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Harare High Court
Francis Urayayi Chingozho N.O. (In his capacity as the Judicial Manager of Myrammar Farming (Pvt) Ltd t/a Cottzim) v Chandra Mohan Goyel and 6 Others and Gloworm Investments (Pvt) Ltd
HH 518-21
Case Details
Court
Harare High Court
Date
22 September 2021
Citation
HH 518-21
Neutral Citation
[2021] ZWHH 518
Outcome
unknown
Case Type
Application
Bench
Presiding
Dube JP
Full Bench
Dube JP
Areas of Law
Civil ProcedureCompany LawBanking Law
Keywords
condonationjudicial managementprescriptionacknowledgment of debtcompany under judicial management
Tags
Banking & FinanceCompany LawCivil Procedure
legislation
Statutes Cited
- Companies Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether condonation should be granted for late filing of appearance to defend","issue_type":"procedural","dispositive":"yes","related_facts":"Four-year delay, inadequate explanation, weak prospects of success"}
- {"issue_text":"Whether the respondent's claim had prescribed","issue_type":"mixed","dispositive":"no","related_facts":"Loan advanced December 2011, due December 2012, summons issued June 2016, AOD November 2013"}
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background
Facts of the Case
Background
Myrammar Farming (Pvt) Ltd, under judicial management, failed to enter appearance to defend within the prescribed time after being served with summons in 2016. The current judicial manager discovered the pending litigation in 2018 but only applied for condonation in 2020 when the matter was set down for trial. The application for condonation was opposed by the respondent.
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