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Harare High Court
Crief Investments (Pvt) Ltd and Aldawilla Investments (Pvt) Ltd v Grand Home Centre (Pvt) Ltd and Tapiwa Givemore Kusaso and Stewart Nyamushaya and The Registar of Deeds and Law Society of Zimbabwe
HH 12-18
Case Details
Court
Harare High Court
Date
17 January 2018
Citation
HH 12-18
Neutral Citation
[2018] ZWHH 12
Outcome
unknown
Case Type
Application
Bench
Presiding
MUSHORE J
Full Bench
MUSHORE J
Areas of Law
Civil ProcedureCosts Law
Keywords
rescissiondefault judgmentattorney and client costschamber applicationcondonation
Tags
rescission of judgmentdefault judgmentcosts on higher scale
legislation
Statutes Cited
- High Court Rules
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicants are entitled to rescission of default judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Incorrect notice of set down date"}
- {"issue_text":"Whether costs should be awarded at higher scale","issue_type":"discretionary","dispositive":"no","related_facts":"Respondents' conduct and delays"}
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background
Facts of the Case
Background
The applicants sought rescission of a default judgment granted under case number HC 8895/12, claiming their legal practitioner had received incorrect notice of the hearing date. The respondents opposed the application but failed to file their Heads of Argument timeously and their chamber application for condonation was dismissed due to procedural defects and lack of merit.
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