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Supreme Court

Lovemore Chaza v Never Chawareva & Minister of Local Government Public Works and National Housing

SC 02/18

Case Details

Court
Supreme Court
Date
26 October 2017
Citation
SC 02/18
Neutral Citation
[2018] ZWSC 02
Outcome
unknown
Case Type
Appeal

Bench

Presiding
Gwaunza JA
Full Bench
Gwaunza JAHlatshwayo JAZiyambi AJA
Areas of Law
Civil ProcedureAppellate Practice
Keywords
default judgmentheads of argumentstriking offrescission
Tags
default judgmentright of audienceprocedural irregularity
legislation
Statutes Cited
  • None (no statute or statutory instrument is referred to in the judgment).
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether an appellant who was barred in the court a quo for failure to file heads of argument has right of audience before the Supreme Court","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant barred for failure to file heads of argument"}
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background
Facts of the Case

Background

The appellant had been barred in the court a quo for failure to file heads of argument. Despite this, the court a quo proceeded to consider the merits and delivered judgment. The first respondent challenged the appellant's right of audience before the Supreme Court, arguing that the judgment a quo was a default judgment and the appellant should have sought rescission before appealing.
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