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All Cases/Harare High Court/2008

Harare High Court

Charles Victor Gurupira and Agnes Gurupira v The Sheriff of Zimbabwe N.O and Maxwell Chisvo and International Finance Corporation

HH 80-2008

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Case Details

Court

Harare High Court

Date

3 September 2008

Citation

HH 80-2008

Neutral Citation

[2008] ZWHH 80

Outcome

unknown

Case Type

Application

Bench

Presiding

HUNGWEN J

Full Bench

HUNGWEN J

Areas of Law

Civil ProcedureProperty LawMortgage Law

Keywords

rescissiondefault judgmentcondonationmortgagesurety

Key Issues

{"issue_text":"Whether applicants are entitled to condonation for late filing of rescission application","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed 2 years and 3 months after default judgment"}
{"issue_text":"Whether applicants have established grounds for rescission of default judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Default judgment entered when legal practitioner allegedly failed to appear"}
{"issue_text":"Whether applicants followed correct procedure by combining condonation and rescission applications","issue_type":"procedural","dispositive":"no","related_facts":"Single notice of motion sought both condonation and rescission"}

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background

Facts of the Case

Background

The applicants, who were directors of Agriflora (Pvt) Ltd, mortgaged their property as security for a company loan. After company default, the property was sold and judgment entered against them. They now seek rescission of the default judgment entered on 6 September 2004, claiming their legal practitioner failed to appear, and seek condonation for the late filing of the rescission application.

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