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Harare High Court

Gigen Happi Investments v Transaction Payment Solutions

[2013] ZWHH 487

Case Details

Court
Harare High Court
Date
18 December 2013
Citation
[2013] ZWHH 487
Judgment No.
HH 487-13
Outcome
unknown
Case Type
Application

Bench

Presiding
MTSHIYA J
Full Bench
MTSHIYA J
Areas of Law
Civil ProcedureCommercial LawProperty Law
Keywords
Rule 449correction of judgmentdefault judgmentmortgage bondexecutionthird party rights
Tags
default judgmentmortgage bondexecutionthird party property
legislation
Statutes Cited
  • High Court Rules, 1971
  • High Court Rules, 1971
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether applicant has locus standi to seek correction of default judgment when not a party to the original action","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant not cited in original judgment; claims ownership of executable property"}
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background
Facts of the Case

Background

The applicant sought to correct a default judgment granted against other parties that declared certain property executable, claiming the property belonged to it and not the defendants. The court found the applicant lacked locus standi as it was not a party to the original action.
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