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Harare High Court
Industry Pension Fund v United Refineries Limited and 2 Others
HH 313-2012
Case Details
Court
Harare High Court
Date
31 July 2012
Citation
HH 313-2012
Neutral Citation
[2012] ZWHH 313
Outcome
unknown
Case Type
Application
Bench
Presiding
Zimba-Dube J
Full Bench
Zimba-Dube J
Areas of Law
Civil ProcedureContract LawEvidence Law
Keywords
supplementary affidavitleave to fileadmissionsparole evidence ruleloan disguised as sale
Tags
Contract LawProperty TransferLoan AgreementParole Evidence Rule
legislation
Statutes Cited
- High Court Rules
- High Court Rules
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant can remedy failure to seek leave by ex post facto chamber application","issue_type":"procedural","dispositive":"no","related_facts":"Supplementary affidavit filed without leave on 9 May 2011"}
- {"issue_text":"Whether applicant provided satisfactory explanation for failure to include information earlier","issue_type":"procedural","dispositive":"yes","related_facts":"Former legal practitioner dispute; two-month delay after renunciation"}
- {"issue_text":"Whether application amounts to withdrawal of admissions without following rule 189","issue_type":"procedural","dispositive":"yes","related_facts":"Admissions made in paragraph 8 of opposing affidavit"}
- {"issue_text":"Whether supplementary affidavit offends parole evidence rule","issue_type":"law","dispositive":"no","related_facts":"Seeks to contradict written contract terms"}
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background
Facts of the Case
Background
The applicant sought leave to admit a supplementary opposing affidavit that had been filed without prior court leave. The affidavit sought to allege that a property sale agreement was in fact a disguised loan agreement, contradicting earlier admissions made in the principal matter under HC 1130/11.
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