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Harare High Court
Zimbabwe Tourism Authority v Business Focus Ltd
HH 377-17
Case Details
Court
Harare High Court
Date
14 June 2017
Citation
HH 377-17
Neutral Citation
[2017] ZWHHC 377
Outcome
unknown
Case Type
Application
Bench
Presiding
CHATUKUTA J
Full Bench
CHATUKUTA J
Areas of Law
Civil ProcedureEvidence
Keywords
Want of prosecutionGood causeHearsay evidenceLegal practitioner errorRule 236(3)
Tags
Dismissal for want of prosecutionProcedural complianceAffidavit defects
legislation
Statutes Cited
- High Court Rules, 1971
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the opposing affidavit complies with Rule 227(4) of the High Court Rules","issue_type":"procedural","dispositive":"yes","related_facts":"The affidavit was deposed to by Givemore Chidzidzi who had no personal knowledge of the legal practitioners' office error"}
- {"issue_text":"Whether the respondent has shown good cause why the application should not be dismissed for want of prosecution under Rule 236(3)","issue_type":"procedural","dispositive":"yes","related_facts":"The respondent blamed misfiling by legal practitioners but no affidavit was filed by the practitioner responsible"}
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background
Facts of the Case
Background
The applicant sought dismissal of an application (HC 11735/15) for want of prosecution. The respondent failed to file an answering affidavit within the required time, blaming a misfiling error by their legal practitioners. The court found the opposing affidavit defective as it contained hearsay evidence and failed to comply with court rules.
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