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Bulawayo High Court
Makhosini Hlongwane v Iqbal Ealias Karbanee
HB 70/19
Case Details
Court
Bulawayo High Court
Date
9 May 2019
Citation
HB 70/19
Neutral Citation
[2019] ZWHB 70
Outcome
unknown
Case Type
Application
Bench
Presiding
BERE J
Full Bench
BERE J
Areas of Law
Civil ProcedureHigh Court Rules
Keywords
rescissiondefault judgmentcondonationr 63(1)one month rule
Tags
rescission of judgmentdefault judgmentHigh Court Rulesprocedural compliance
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether an application for rescission of judgment filed outside the one-month period prescribed by r 63(1) without condonation is properly before the court","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed 18 December 2015; no condonation application"}
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background
Facts of the Case
Background
The applicant filed an application for rescission of judgment on 18 December 2015. Before the merits could be heard, the respondent raised a point in limine arguing the application was filed outside the one-month period prescribed by r 63(1) of the High Court Rules and no condonation was sought.
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