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Harare High Court
Amer Khan v Innocent Muchenje and Charm Muchenje
HH 126/2013
Case Details
Court
Harare High Court
Date
27 February 2013
Citation
HH 126/2013
Neutral Citation
[2013] ZWHH 126
Outcome
unknown
Case Type
Application
Bench
Presiding
MAKONI J
Full Bench
MAKONI J
Areas of Law
Civil ProcedureRescission of Judgment
Keywords
Rule 449Rule 63default judgmentsummary judgmentprescriptionspecial pleaexception
Tags
rescission of judgmentdefault judgmentsummary judgmentprocedural irregularity
legislation
Statutes Cited
- High Court Rules, 1971 (as amended)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant made out case for rescission under Rule 449","issue_type":"procedural","dispositive":"yes","related_facts":"No mention of error in founding papers, change of direction in heads"}
- {"issue_text":"Whether judgments were erroneously sought or granted","issue_type":"procedural","dispositive":"yes","related_facts":"Exception set down unopposed, no notice of opposition filed"}
- {"issue_text":"Whether application was brought expeditiously","issue_type":"procedural","dispositive":"yes","related_facts":"Seven month delay, slow prosecution after filing"}
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background
Facts of the Case
Background
Applicant sought rescission of two default judgments: one dismissing his money claim on exception and special plea of prescription, another granting summary judgment for return of title deeds. He alleged both were granted in error in his absence due to former lawyers' failures.
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