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Harare High Court
ALSHAMS GLOBAL BVI LIMITED versus EQUITY PROPERTIES PRIVATE LIMITED and THE REGISTRAR OF DEEDS
HH 765-18
Case Details
Court
Harare High Court
Date
21 November 2018
Citation
HH 765-18
Neutral Citation
[2018] ZWHH 765
Outcome
unknown
Case Type
Application
Bench
Presiding
MUZENDA J
Full Bench
MUZENDA J
Areas of Law
Civil ProcedureProperty Law
Keywords
rescissiondefault judgmentrule 449 (1) (a)dies induciaeservice of processerroneous judgment
Tags
rescission of judgmentdefault judgmentservice of processdies induciae
legislation
Statutes Cited
- High Court Rules, 1971
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the default judgment granted on 6 June 2018 was erroneously granted under Rule 449 (1) (a)","issue_type":"procedural","dispositive":"yes","related_facts":"Opposing papers filed on 4 April 2018 were on record but not considered"}
- {"issue_text":"Whether Rule 63 or Rule 449 (1) (a) is the appropriate procedure for seeking rescission","issue_type":"procedural","dispositive":"no","related_facts":"First respondent argued applicant should have used Rule 63"}
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background
Facts of the Case
Background
Applicant sought rescission of a default judgment granted on 6 June 2018, contending it was erroneously granted without consideration of its opposing papers filed on 4 April 2018. First respondent had served application on wrong legal practitioners (Dube Manikai and Hwacha instead of Danziger and Partners), leading to confusion over proper service and filing deadlines.
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