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Harare High Court
Shinecopars Investments (Pvt) Ltd and Justin Machiya v Hossiny (Private) Limited
HH 136-17
Case Details
Court
Harare High Court
Date
1 March 2017
Citation
HH 136-17
Neutral Citation
[2017] ZWHH 136
Outcome
unknown
Case Type
Application
Bench
Presiding
FOROMA J
Full Bench
FOROMA J
Areas of Law
Civil ProcedureCommercial Litigation
Keywords
rescissiondefault judgmentserviceexecutioncondonation
Tags
rescission of judgmentdefault judgmentprocedural irregularity
legislation
Statutes Cited
- High Court Rules
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application for rescission of judgment was properly before the court having been filed outside the 30-day period without condonation","issue_type":"procedural","dispositive":"yes","related_facts":"Knowledge of judgment acquired 16 March 2015, application filed thereafter"}
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background
Facts of the Case
Background
The applicants sought rescission of a default judgment obtained against them on 10 January 2015. The respondent raised a point in limine that the application was filed out of time without condonation. The court found the applicants had knowledge of the judgment by 16 March 2015 when execution proceedings commenced, making the application filed thereafter invalid without condonation.
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