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Harare High Court
Shinedrive Auto Services (Private) Limited v Grace Shumba and Cimas Medical Aid Society Trading as Cimas Rescue and Old Mutual Limited and Ms N. Marufu Provincial Magistrate
HH 400-24
Case Details
Court
Harare High Court
Date
4 September 2024
Citation
HH 400-24
Neutral Citation
[2024] ZWHH 400
Outcome
unknown
Case Type
Review
Bench
Presiding
Dembure J
Full Bench
Dembure J
Areas of Law
Civil procedureDelictual damagesReview law
Keywords
Amendment of summonsCurrency conversionPrejudiceReview groundsAppeal vs review
Tags
Road traffic accidentAmendment of summonsCurrency nominalismReview application
legislation
Statutes Cited
- High Court Act
- High Court Act
- Magistrates Court Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the grounds raised in the review application constitute valid grounds for review or are grounds for appeal","issue_type":"procedural","dispositive":"yes","related_facts":"All three grounds of review attack correctness of magistrate's decision rather than validity of proceedings"}
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background
Facts of the Case
Background
The applicant sought to amend its summons to change the currency of its damages claim from Zimbabwean dollars to US dollars. The magistrate dismissed the amendment application, and the applicant brought a review application challenging that decision.
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