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Supreme Court
Rydale Ridge Park (Private) Limited v Ruth Muridzo N.O.
SC 17/23
Case Details
Court
Supreme Court
Date
3 March 2023
Citation
SC 17/23
Neutral Citation
[2023] ZWSC 17
Outcome
unknown
Case Type
Appeal
Bench
Presiding
MAVANGIRA JA
Full Bench
GUVAVA JAMAVANGIRA JAKUDYA JA
Areas of Law
Contract LawCivil Procedure
Keywords
rescission of default judgmentFinance (No. 2) ActRTGS dollarsinstalment salespecific performance
Tags
contract lawrescission of judgmentcurrency conversioninstalment sale agreement
legislation
Statutes Cited
- Finance (No. 2) Act, 2019
- Contractual Penalties Act
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court a quo erred in dismissing the appellant's application for rescission of judgment","issue_type":"procedural","dispositive":"yes","related_facts":"The appellant's explanation for default; the appellant's prospects of success"}
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background
Facts of the Case
Background
The appellant company entered into an instalment sale agreement with the deceased for a residential stand. After the deceased made payments in RTGS dollars which the appellant refused to accept, the deceased obtained default judgment. The appellant's application for rescission was dismissed by the High Court, leading to this appeal.
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