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Harare High Court
First Class Enterprises Ltd v Scanlink (Pvt) Ltd
[2010] ZWHH 4094
Case Details
Court
Harare High Court
Date
1 September 2010
Citation
[2010] ZWHH 4094
Judgment No.
HC 4094/07
Outcome
unknown
Case Type
Application
Bench
Presiding
GOWORA J
Full Bench
GOWORA J
Areas of Law
Civil ProcedureContract Law
Keywords
consent judgmentrescissiongood and sufficient causeamendment of claim
Tags
contractconsent judgmentrescission
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether there is good and sufficient cause to set aside the consent judgment entered on 14 January 2009","issue_type":"procedural","dispositive":"yes","related_facts":"Judgment entered without plaintiff's application; plaintiff intended to amend claim"}
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background
Facts of the Case
Background
The plaintiff obtained a consent judgment against the defendant on 14 January 2009. The plaintiff now seeks to have that judgment rescinded on the basis that it never applied for the judgment to be entered, had intended to amend its claim, and the court acted mero motu in granting the judgment.
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