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Harare High Court
Susan Jason Muradzikwa v Greatermans Stores (1979) (Pvt) Ltd
HH 216-12
Case Details
Court
Harare High Court
Date
17 May 2012
Citation
HH 216-12
Neutral Citation
[2012] ZWHH 216
Outcome
unknown
Case Type
Application
Bench
Presiding
Mathonsi J
Full Bench
Mathonsi J
Areas of Law
Civil ProcedureDebt Recovery
Keywords
condonationrescission of judgmentsummary judgmentexecution
Tags
debt collectionsummary judgmentrescission application
legislation
Statutes Cited
- Law Society of Zimbabwe Regulations
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant should be granted condonation for late filing of rescission application","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant out of time; delay inordinate; no reasonable explanation"}
- {"issue_text":"Whether applicant has reasonable prospects of success in rescission application","issue_type":"procedural","dispositive":"yes","related_facts":"Dispute over costs calculation; no acceptable basis for rescission"}
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background
Facts of the Case
Background
The applicant sought condonation to file a rescission application out of time against a summary judgment granted in favour of the respondent for US$47,059.80 plus interest. The applicant had made a US$20,000 payment towards the debt but disputed the remaining balance claimed by the respondent, which included attorney and client costs and collection commission.
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