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Harare High Court
City of Harare v Evaristo Tiripamwe Mukoreka
HH 290-12
Case Details
Court
Harare High Court
Date
12 July 2012
Citation
HH 290-12
Neutral Citation
[2012] ZWHH 290
Outcome
unknown
Case Type
Application
Bench
Presiding
ZHOU J
Full Bench
ZHOU J
Areas of Law
Civil ProcedureDelict
Keywords
upliftment of barcondonationappearance to defenddamagesnegligencelocal authority liability
Tags
upliftment of barcondonationfailure to enter appearance to defendprocedural application
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant should be granted condonation for late filing of appearance to defend","issue_type":"procedural","dispositive":"yes","related_facts":"Mistake in filing at wrong court, reasonable explanation provided"}
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background
Facts of the Case
Background
The City of Harare failed to enter appearance to defend within the prescribed time after being sued for damages when the respondent fell into a pit within its jurisdiction. The notice was mistakenly filed at the Magistrates Court instead of the High Court. The applicant sought condonation and upliftment of the bar that had arisen.
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