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Harare High Court

George Dzomba v Twenty Third Century Systems Limited

HH 801-17

Case Details

Court
Harare High Court
Date
29 November 2017
Citation
HH 801-17
Neutral Citation
[2017] ZWHH 801
Outcome
unknown
Case Type
Application

Bench

Presiding
Chitapi J
Full Bench
Chitapi J
Areas of Law
Civil ProcedureHigh Court Rules
Keywords
default judgmentnotice of intention to barexceptionspecial pleajurisdiction
Tags
default judgmentchamber applicationnotice of intention to barexceptionspecial plea
legislation
Statutes Cited
  • High Court Rules, 1971
  • High Court Rules, 1971
  • High Court Rules, 1971
  • High Court Rules, 1971
  • High Court Rules, 1971
  • High Court Rules, 1971
  • High Court Rules, 1971
  • Labour Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether filing of notice of intention to bar prevents defendant from raising dilatory defence and/or exception","issue_type":"procedural","dispositive":"yes","related_facts":"Defendant filed exception and special plea after notice of intention to bar"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The plaintiff sought default judgment against the defendant for US$37,914.16 plus interest and costs. After summons was served, the defendant filed appearance to defend but failed to file a plea within the prescribed time. The plaintiff issued a notice of intention to bar, to which the defendant responded by filing an exception and special plea challenging the validity of the summons and the court's jurisdiction. The plaintiff then barred the defendant and applied for default judgment.
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