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Harare High Court
Demetria Manyonga (Pvt) Ltd v Assetfin (Pvt) Ltd and Unitime Investments (Private) Limited and Registrar of Deeds
HH 42-23
Case Details
Court
Harare High Court
Date
23 January 2023
Citation
HH 42-23
Neutral Citation
[2023] ZWHH 42
Outcome
unknown
Case Type
Application
Bench
Presiding
CHINAMORA J
Full Bench
CHINAMORA J
Areas of Law
Property lawCivil procedureHigh Court Rules
Keywords
CondonationLate filingForm 29Court application formatDefault judgment rescissionRule 230
Tags
Property lawDefault judgmentRescissionCourt rulesProcedural compliance
legislation
Statutes Cited
- High Court Rules
- High Court Rules
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court should condone non-compliance with r 230 of the High Court Rules regarding prescribed application format","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed in incorrect format; applicant conceded error; no prejudice argued"}
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background
Facts of the Case
Background
The applicant sought condonation for late filing of an application to rescind a default judgment. The application was fatally defective as it failed to comply with r 230 of the High Court Rules by not using the prescribed Form 29 format, rendering it a nullity despite the applicant's concession and argument of no prejudice to respondents.
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