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Harare High Court
Antares Zimbabwe (Pvt) Ltd v Andrew Thompson Trust & Investment Company (Pvt) Ltd & 3 Ors
HH 724-18
Case Details
Court
Harare High Court
Date
7 November 2018
Citation
HH 724-18
Neutral Citation
[2018] ZWHH 724
Outcome
unknown
Case Type
Application
Bench
Presiding
Hungwe J
Areas of Law
Civil ProcedureCommercial Litigation
Keywords
upliftment of barspecial pleaarbitrationjurisdiction challengeHigh Court Rules Order 12
Tags
upliftment of barspecial pleaHigh Court Rulesarbitrationjurisdiction
legislation
Statutes Cited
- High Court Rules, 1971
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the bar imposed against the applicant should be uplifted","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant filed special plea challenging jurisdiction; leave to appeal pending; respondents imposed bar"}
- {"issue_text":"Whether costs should be awarded against respondent's legal practitioner personally","issue_type":"procedural","dispositive":"no","related_facts":"Respondent's legal practitioner imposed bar despite pending jurisdiction issue"}
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background
Facts of the Case
Background
The applicant sought upliftment of a bar imposed by respondents after it failed to file its plea within the stipulated time. The applicant had filed a special plea challenging the court's jurisdiction and seeking referral to arbitration, and had applied for leave to appeal the dismissal of this special plea. The respondents insisted on filing of the plea despite the pending jurisdiction issue and ultimately barred the applicant.
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