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Harare High Court
Binga Rural District Council v Moses Mudimba N.O. (In his capacity as Executor Dative of the Estate of the Late Shadreck Kilson Mudimba DRB 31/2008) & Anor
HH 445-23
Case Details
Court
Harare High Court
Date
21 July 2023
Citation
HH 445-23
Neutral Citation
[2023] ZWHH 445
Outcome
unknown
Case Type
Application
Bench
Presiding
MUSITHU J
Full Bench
MUSITHU J
Areas of Law
Civil ProcedurePractice DirectionsRescission of Judgment
Keywords
struck off the rollre-enrollmentPractice Direction 3 of 2013fatal defectauthorisation resolution
Tags
rescission of judgmentdefault judgmentpractice directionprocedural compliance
legislation
Statutes Cited
- Civil Evidence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether an application struck off the roll for fatal defect can be re-enrolled by letter to Registrar","issue_type":"procedural","dispositive":"yes","related_facts":"Application struck off for lack of authorising resolution; re-enrolled by letter"}
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background
Facts of the Case
Background
The applicant sought rescission of a default judgment granted on 11 May 2022 for failure to file a plea timeously. The matter had been struck off the roll by Mhuri J on 28 February 2023 for want of a resolution authorising the deponent. The applicant re-enrolled the matter by letter to the Registrar rather than by formal application.
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