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Harare High Court
Dr Millicent Mombeshora v Longpark Services (Pvt) Ltd t/a Seasons Supermarket and The Sheriff for Zimbabwe
HH 481-13
Case Details
Court
Harare High Court
Date
18 December 2013
Citation
HH 481-13
Neutral Citation
[2013] ZWHH 481
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Mathonsi J
Full Bench
Mathonsi J
Areas of Law
Civil ProcedureCommercial Law
Keywords
default judgmentrescissionprovisional orderinterdictgoods attachment
Tags
debt collectiondefault judgmentrescission applicationurgent interdict
legislation
Statutes Cited
- High Court of Zimbabwe Rules, 1971
- High Court of Zimbabwe Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant has shown prospects of success in her rescission application","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's default at trial, legal practitioner's renunciation, alleged mistake"}
- {"issue_text":"Whether interim interdict should be granted pending rescission application","issue_type":"procedural","dispositive":"yes","related_facts":"Goods attachment, urgency of matter"}
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background
Facts of the Case
Background
The applicant sought an urgent interdict to prevent removal of her goods attached under a default judgment obtained by the first respondent for US$28,451-53 for goods sold and delivered. The applicant had failed to attend trial on 29 October 2013, her legal practitioners renounced agency, and default judgment was entered. She simultaneously filed a rescission application (HC 10469/13) and this urgent application for interim relief.
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