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Harare High Court
SENATAR (PVT) LTD versus OTC INTERNATIONAL GmbH and SHERIFF OF THE HIGH COURT, ZIMBABWE
HH 585-18
Case Details
Court
Harare High Court
Date
18 September 2018
Citation
HH 585-18
Neutral Citation
[2018] ZWHH 585
Outcome
unknown
Case Type
Application
Bench
Presiding
MUZENDA J
Full Bench
MUZENDA J
Areas of Law
Civil procedureCommercial litigation
Keywords
RescissionDefault judgmentWilful defaultPeregrinusSecurity for costs
Tags
Default judgmentRescission of judgmentPretrial conference
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant was in wilful default when it failed to attend the pretrial conference","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's legal practitioner had Bulawayo matter, missed notice of set down"}
- {"issue_text":"Whether the applicant has a bona fide defence to the respondent's claim","issue_type":"mixed","dispositive":"no","related_facts":"Applicant disputes contract existence, disputes number of buses"}
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background
Facts of the Case
Background
The applicant sought rescission of a default judgment entered against it on 2 March 2018 when it failed to attend a pretrial conference. The applicant's legal practitioner Mrs Tachiona had a matter in Bulawayo on the same date and missed the notice of set down.
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