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Harare High Court
Leeroy Reece v Archford Dube
HH 509-22
Case Details
Court
Harare High Court
Date
27 July 2022
Citation
HH 509-22
Neutral Citation
[2022] ZWHH 509
Outcome
unknown
Case Type
Application
Bench
Presiding
CHILIMBE J
Full Bench
CHILIMBE J
Areas of Law
Civil ProcedureCommercial Law
Keywords
condonationheads of argumentspecial power of attorneyhearsay evidencedirty hands doctrine
Tags
condonationheads of argumentspecial power of attorneyhearsay evidence
legislation
Statutes Cited
- High Court Rules
- High Court Rules
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether condonation should be granted for failure to file heads of argument within prescribed time","issue_type":"procedural","dispositive":"yes","related_facts":"Delay of less than seven days; applicant holds extant judgment; matter ongoing for four years"}
- {"issue_text":"Whether Advocate Mandinde had valid authority under special power of attorney","issue_type":"procedural","dispositive":"no","related_facts":"Special power of attorney restricted to property-related matters"}
- {"issue_text":"Whether Advocate Mandinde's affidavit contained impermissible hearsay evidence","issue_type":"procedural","dispositive":"no","related_facts":"Advocate deposed to timeline of events regarding non-filing"}
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background
Facts of the Case
Background
The applicant sought condonation for failure to file heads of argument within the prescribed time limits in terms of rule 42(9) of the High Court Rules. The respondent opposed the application and raised various preliminary points including challenges to the authority of the respondent's legal representative and the propriety of his affidavit.
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