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Harare High Court
Rasmos Pasipanodya v Zimbabwe Platinum Mine (Pvt) Ltd
HH 144-22
Case Details
Court
Harare High Court
Date
9 March 2022
Citation
HH 144-22
Neutral Citation
[2022] ZWHH 144
Outcome
unknown
Case Type
Application
Bench
Presiding
Mangota J
Full Bench
Mangota J
Areas of Law
Civil procedureDelictual liability
Keywords
ExceptionRule 119Late filingCondonationAcquilian action
Tags
Acquilian actionException to declarationRule 119 non-compliance
legislation
Statutes Cited
- High Court Rules, 1971
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the defendant's exception filed 80 days after service violates Rule 119 and is therefore invalid","issue_type":"procedural","dispositive":"yes","related_facts":"Exception filed on 5 March 2021, 80 days after service on 17 November 2020"}
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background
Facts of the Case
Background
The plaintiff sued the defendant under the law of delict for damages. The defendant filed an exception to the plaintiff's summons and declaration 80 days after service, instead of the required 20 days under Rule 119. The plaintiff raised a point in limine that the exception was invalid due to late filing.
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