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Harare High Court
Cairns Foods Pvt Ltd v Reddy Cash and Carry (Pvt) Ltd
HH 307/13
Case Details
Court
Harare High Court
Date
25 September 2013
Citation
HH 307/13
Neutral Citation
[2013] ZWHH 307
Outcome
unknown
Case Type
Exception
Bench
Presiding
Mathonsi J
Full Bench
Mathonsi J
Areas of Law
Civil ProcedureCommercial Law
Keywords
special pleaprescriptionabatementHigh Court Rules
Tags
debt collectionprescriptionspecial plea
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a special plea in abatement can be set down for hearing before trial when the defendant has pleaded over to the merits","issue_type":"procedural","dispositive":"yes","related_facts":"Defendant pleaded over to merits; Rule 138 requirements"}
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background
Facts of the Case
Background
The plaintiff sued the defendant for US$10,996.26 for goods sold and delivered. The defendant entered appearance and filed a special plea in abatement protesting prescription, claiming the cause of action arose in December 2009 or January 2010, while simultaneously pleading over to the merits.
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