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Harare High Court
FARHIGH TRADING (PVT) LTD v THE ADDITIONAL SHERIFF CHIVHU, CENTRAL ESTATE (PVT) LTD & PETER TARUVINGA AND 37 OTHERS
HH 525/18
Case Details
Court
Harare High Court
Date
12 September 2018
Citation
HH 525/18
Neutral Citation
[2018] ZWHH 525
Outcome
unknown
Case Type
Application
Bench
Presiding
MANGOTA J
Full Bench
MANGOTA J
Areas of Law
Civil ProcedureExecution LawInterpleader Proceedings
Keywords
condonationlate filingdefective affidavitexecutioninterpleaderarbitral award
Tags
interpleader proceedingsexecutioncondonationdefective affidavit
legislation
Statutes Cited
- High Court Rules
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant should be granted condonation for late filing of application for rescission of judgment","issue_type":"procedural","dispositive":"yes","related_facts":"37-month delay, defective affidavit, lack of acceptable explanation"}
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background
Facts of the Case
Background
The applicant sought condonation for late filing of an application for rescission of judgment after its claim in interpleader proceedings was dismissed due to a fatally defective opposing affidavit that was deposed to by one person and signed by another. The applicant delayed 37 months in bringing the application and failed to provide an acceptable explanation for the delay.
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