Railings Enterprises (Pvt) Ltd v David Bruno Phiri Luwo and Rose Shingirai Luwo and Dowood Services (Pvt) Ltd

HB 133/20

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Case Details

Court

Bulawayo High Court

Date

2 July 2020

Citation

HB 133/20

Neutral Citation

[2020] ZWHB 133

Outcome

unknown

Case Type

Application

Bench

Presiding

Dube-Banda J

Full Bench

Dube-Banda J

Areas of Law

Civil ProcedureCommercial LawCosts Law

Keywords

recession of judgmentabuse of processpunitive costscorporate veil

Key Issues

{"issue_text":"Whether the application for recession of judgment should be dismissed for want of prosecution","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed July 2018, never set down, legal practitioners renounced agency"}
{"issue_text":"At what scale should costs be awarded - party and party or attorney and client","issue_type":"mixed","dispositive":"yes","related_facts":"Respondents' conduct in filing meritless application and not prosecuting it"}

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background

Facts of the Case

Background

A long-running debt dispute since 2013 where Railings Enterprises obtained judgment against Dowood Services, leading to multiple applications by Dowood and its directors to avoid payment. The current application seeks dismissal of Dowood's recession application for want of prosecution.

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