GMP Trading Private Limited t/a GMP Real Estate Private Limited v Jinan Mining (Private) Limited

HH 539-18

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Case Details

Court

Harare High Court

Date

14 September 2018

Citation

HH 539-18

Neutral Citation

[2018] ZWHH 539

Outcome

unknown

Case Type

Application

Bench

Presiding

MUZOFA J

Full Bench

MUZOFA J

Areas of Law

Civil ProcedureRes Judicata

Keywords

amendment of pleares judicataSupreme Court appealabandonment of judgment

Key Issues

{"issue_text":"Whether the judgment of 5 July 2017 remains extant despite the Supreme Court appeal and abandonment of the 11 July 2017 judgment","issue_type":"procedural","dispositive":"yes","related_facts":"The defendant appealed only against the 11 July judgment; the plaintiff abandoned only the 11 July judgment; the Supreme Court set aside only the 11 July judgment"}
{"issue_text":"Whether the application for amendment of plea is res judicata","issue_type":"procedural","dispositive":"yes","related_facts":"The application was dismissed on 5 July 2017 and no appeal was made against that judgment"}

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Facts of the Case

Background

The defendant sought to amend its plea during pre-trial conference. The plaintiff raised res judicata, arguing the amendment application had been dismissed by Mushore J on 5 July 2017 and this judgment remained extant despite subsequent Supreme Court appeal that only addressed the 11 July 2017 judgment.

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