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Harare High Court
Ignatius Masamba v The Secretary – Judicial Service Commission and Mercy Gorongoza
HH 283-17
Case Details
Court
Harare High Court
Date
10 May 2017
Citation
HH 283-17
Neutral Citation
[2017] ZWHH 283
Outcome
unknown
Case Type
Application
Bench
Presiding
Chitapi J
Full Bench
Chitapi J
Areas of Law
High Court Rulesrescission of judgmentcivil procedure
Keywords
Rule 449(1)(b)ambiguitypatent erroromissionfunctus officiovexatious litigant
Tags
chamber applicationrescission of judgmentabuse of process
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
- Supreme Court Rules, 1964
ai analysis
Case Summary
Key Issues
- {"issue_text":"Does Rule 449(1)(b) permit rescission where applicant merely disagrees with merits of earlier judgment?","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant’s founding affidavit attacks merits rather than identifying ambiguity/error"}
- {"issue_text":"Did the judgment HH 660/16 contain any ambiguity or patent error or omission?","issue_type":"law","dispositive":"yes","related_facts":"No unclear language, clerical error or missing party identified"}
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background
Facts of the Case
Background
Applicant sought rescission of an earlier judgment dismissing his application for orders about lobola payment and “beaming” by second respondent, alleging ambiguity/error in that judgment. Court found no ambiguity or error and dismissed the rescission application as vexatious.
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