Mount Meru Petroleum Zimbabwe (Private) Limited v Mudhawin Enterprises (Private) Limited

HH 306-21

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Case Details

Court

Harare High Court

Date

23 June 2021

Citation

HH 306-21

Neutral Citation

[2021] ZWHH 306

Outcome

unknown

Case Type

Application

Bench

Presiding

Manzunzu J

Full Bench

Manzunzu J

Areas of Law

Civil procedureCourt rules compliance

Keywords

Exception to summonsTime limitsRule 119Rule 142Further particulars

Key Issues

{"issue_text":"Whether the exception and special plea were filed within the time limits prescribed by Rule 119","issue_type":"procedural","dispositive":"yes","related_facts":"Service on 3 March 2021, filing on 16 April 2021, 20-day rule"}
{"issue_text":"Whether Rule 142 extends the time for filing an exception or special plea when further particulars are requested","issue_type":"law","dispositive":"no","related_facts":"Request for particulars on 29 March 2021, supply on 30 March 2021"}

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background

Facts of the Case

Background

The plaintiff issued summons against the defendant on 29 December 2020. The defendant filed an exception and special plea on 16 April 2021, which was outside the 20-day period prescribed by Rule 119 of the High Court Rules. The defendant argued that the request for further particulars interrupted the time period, but the court found this argument without merit.

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