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Supreme Court
Mogola Enterprises (Private) Limited v Old Mutual Property Investment (Private) Limited
SC 26/20
Case Details
Court
Supreme Court
Date
1 January 2020
Citation
SC 26/20
Neutral Citation
[2020] ZWSC 26
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Gowora JA
Author
Guvava JA
Full Bench
Gowora JAHlatshwayo JAGuvava JA
Areas of Law
Civil ProcedureHigh Court Rules
Keywords
rescissioninterlocutoryleave to appealdefault judgment
Tags
rescission of judgmentinterlocutory orderappeal procedure
legislation
Statutes Cited
- High Court Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether an order granting rescission of judgment is interlocutory in nature","issue_type":"procedural","dispositive":"yes","related_facts":"High Court granted rescission allowing respondent to file opposing papers"}
- {"issue_text":"Whether leave to appeal is required for interlocutory orders","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant appealed without seeking leave"}
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background
Facts of the Case
Background
The appellant obtained default judgment against the respondent for US$304,168.50 relating to generator usage fees. The respondent successfully applied for rescission of judgment in the High Court. The appellant appealed to the Supreme Court without obtaining leave to appeal.
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