Gerald Jailed Jaji v Claudius Nhemwa

HH 140-24

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Case Details

Court

Harare High Court

Date

2 April 2024

Citation

HH 140-24

Neutral Citation

[2024] ZWHH 140

Outcome

unknown

Case Type

Application

Bench

Presiding

MHURI J

Full Bench

MHURI J

Areas of Law

Contract LawCivil Procedure

Keywords

Deed of SettlementPrescriptionDeclaraturCivil Procedure

Key Issues

{"issue_text":"Whether the application is prescribed having been filed more than 3 years after the 2018 deed","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed 23 May 2023, 2018 deed dated 2 October 2018"}
{"issue_text":"Whether prescription can be raised at the hearing stage","issue_type":"procedural","dispositive":"no","related_facts":"Issue raised at commencement of hearing, not in pleadings"}

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background

Facts of the Case

Background

The applicant sought a declaratur that a Deed of Settlement dated 2 October 2018 was the only binding agreement between the parties and that a subsequent deed dated 18 August 2020 was invalid. The application was filed on 23 May 2023, nearly 5 years after the 2018 deed.

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