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Harare High Court

SELFMED INVESTMENTS (PRIVATE) LIMITED v SOUTHERN CROSS LOGISTICS SOUTH AFRICA

HH 436-17

Case Details

Court
Harare High Court
Date
12 July 2017
Citation
HH 436-17
Neutral Citation
[2017] ZWHH 436
Outcome
unknown
Case Type
Trial

Bench

Presiding
CHIWESHE JP
Full Bench
CHIWESHE JP
Areas of Law
Civil ProcedureCommercial Law
Keywords
peregrine defendantjurisdictionattachment of propertyHigh Court Act
Tags
jurisdictionperegrinusattachment of property
legislation
Statutes Cited
  • High Court Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether a summons issued against a peregrinus before attachment of property to found jurisdiction is a nullity","issue_type":"procedural","dispositive":"yes","related_facts":"Summons issued 14 December 2016, attachment order granted 28 December 2016"}
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background
Facts of the Case

Background

The plaintiff, a Zimbabwean company, issued summons against the defendant, a South African company, to recover $30,963.95 for a consignment. The defendant raised a special plea arguing the summons was a nullity because it was issued before a provisional order for attachment of property to found jurisdiction was granted.
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