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Harare High Court
Tendai Albert Mutukwa and Wilfred Marekwa and Delta Corporation Ltd v Brian Ellse
HH 704-18
Case Details
Court
Harare High Court
Date
31 October 2018
Citation
HH 704-18
Neutral Citation
[2018] ZWHH 704
Outcome
unknown
Case Type
Application
Bench
Presiding
Munangati-Manongwa J
Full Bench
Munangati-Manongwa J
Areas of Law
Civil ProcedureHigh Court Rules
Keywords
exceptioncondonationrule 138plead overdelay
Tags
exceptioncondonationHigh Court Rulesprocedural delay
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicants should be granted condonation for late filing and setting down of exception","issue_type":"procedural","dispositive":"yes","related_facts":"Exception filed 4 months late; matter removed from roll; delay of over one year"}
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background
Facts of the Case
Background
Applicants sought condonation for late filing and setting down of their exception to summons. They had delayed filing the exception until prompted by a notice to plead, and further delayed setting it down for hearing. The court found their explanation for delay inadequate and their conduct indolent.
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