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Harare High Court
Ben Mambara and Silas Mkodza and Righton Moyo and Dennis Muchenu and Abel Gumpo and Clement Kausa v National Engineering Workers Union and Wise Garira and Shepherd Mashingaidze and National Employment Council for the Engineering Iron and Steel Industry and Engineering Iron and Steel Association of Zimbabwe and Bekezela Mangena
HH 287-23
Case Details
Court
Harare High Court
Date
11 May 2023
Citation
HH 287-23
Neutral Citation
[2023] ZWHH 287
Outcome
unknown
Case Type
Application
Bench
Presiding
CHITAPI J
Full Bench
CHITAPI J
Areas of Law
Civil ProcedureHigh Court RulesRescission of Judgment
Keywords
default judgmentrescissioncondonationspecial pleabarrule compliance
Tags
trade uniondefault judgmentrescissioncondonation
legislation
Statutes Cited
- High Court Rules, 2021
- High Court Rules, 1971 (repealed)
- High Court Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether condonation should be granted for 21-month delay in filing rescission application","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed 21 months after judgment; no time limit under old r 449"}
- {"issue_text":"Whether rescission should be granted under r 29(1) for alleged error in judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Alleged miscalculation of set-down deadline; applicants still non-compliant"}
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background
Facts of the Case
Background
Six trade union officials sought rescission of a 2020 default judgment that declared them non-members and barred them from union affairs. They filed 21 months late, claiming procedural error by the judge, but had actively participated in the original proceedings and noted an appeal which lapsed.
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