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Harare High Court
Linda Mbidzo (Trustee of Rosaria Legends Trust) and Rick R. Derrick and Willy Ralph and Neotel Investments (Pvt) Ltd
HH 207-23
Case Details
Court
Harare High Court
Date
22 March 2023
Citation
HH 207-23
Neutral Citation
[2023] ZWHH 207
Outcome
unknown
Case Type
Application
Bench
Presiding
Munangati-Manongwa J
Full Bench
Munangati-Manongwa J
Areas of Law
Civil ProcedureContract Law
Keywords
Special pleaPrescriptionUnopposed rollHigh Court Rules 2021Rule 42
Tags
Contract cancellationPrescriptionSpecial pleaHigh Court Rules
legislation
Statutes Cited
- High Court Rules, 1971 (now repealed)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether matter properly set down on unopposed roll for determination of special plea","issue_type":"procedural","dispositive":"yes","related_facts":"Special plea of prescription filed; plaintiff failed to respond; defendants set on unopposed roll"}
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background
Facts of the Case
Background
Plaintiff issued summons against defendants for contract cancellation and damages. All defendants entered appearance to defend and filed special plea of prescription with heads of argument. Plaintiff failed to file replication or heads. Defendants set matter on unopposed roll.
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