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Harare High Court
Paul Gary Friendship v Cargo Carriers Limited and Across Enterprises (Private) Limited (In liquidation)
HH 291-12
Case Details
Court
Harare High Court
Date
12 July 2012
Citation
HH 291-12
Neutral Citation
[2012] ZWHH 291
Outcome
unknown
Case Type
Application
Bench
Presiding
ZHOU J
Full Bench
ZHOU J
Areas of Law
Company LawCivil Procedure
Keywords
s 318 Companies Actdefault judgment rescissioncondonationdirector's liability
Tags
company lawdirectors liabilitydefault judgmentcondonation
legislation
Statutes Cited
- Companies Act [Chapter 24:03]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether condonation should be granted for late filing of rescission application","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed approximately 6 days late; applicant blamed former legal practitioners"}
- {"issue_text":"Whether the rescission application should succeed if condonation is denied","issue_type":"procedural","dispositive":"yes","related_facts":"Rescission application cannot proceed without condonation"}
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background
Facts of the Case
Background
The applicant, a director of Across Enterprises (Private) Limited, sought condonation for late filing of an application to rescind a default judgment holding him personally liable for the company's debts under s 318(1) of the Companies Act. The judgment was granted on 12 October 2011, and the rescission application was filed on 15 December 2011, well outside the prescribed period.
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