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Harare High Court
Peter Mtoko v Star Africa Corporation Limited
HH 159-22
Case Details
Court
Harare High Court
Date
14 March 2022
Citation
HH 159-22
Neutral Citation
[2022] ZWHH 159
Outcome
unknown
Case Type
Application
Bench
Presiding
DUBE JP
Full Bench
DUBE JP
Areas of Law
Civil ProcedurePrivate International Law
Keywords
foreign judgmentregistrationlimitation periodsubstitution of partiesappeal
Tags
foreign judgment registrationcivil procedurelimitation period
legislation
Statutes Cited
- High Court Rules
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application for registration of the foreign judgment was filed within the 6-year limitation period prescribed by s5(2)(a)(ii) of the Civil Matters (Mutual Assistance) Act","issue_type":"procedural","dispositive":"yes","related_facts":"Original judgment 17 May 2013; substitution appeal dismissed 28 December 2017; application filed 5 November 2020"}
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background
Facts of the Case
Background
The applicant sought to register a Zambian High Court judgment in Zimbabwe. The judgment was delivered on 17 May 2013. The respondent was substituted as judgment debtor on 15 September 2015, and an appeal against this substitution was dismissed on 28 December 2017. The application for registration was filed on 5 November 2020. The respondent argued the application was out of time.
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