Jameson Rushwaya and Annie Rushwaya and Xelod Investments (Pvt) Ltd v Swimming Pool & Underwater Repair (Pvt) Ltd and Aepromm Resources (Pvt) Ltd and Tolrose Investments (Pvt) Ltd and Patterson Fungayi Timba and The Provincial Mining Director N.O. and The Registrar of Companies N.O.

HH 378-25

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Case Details

Court

Harare High Court

Date

27 June 2025

Citation

HH 378-25

Neutral Citation

[2025] ZWHH 378

Outcome

unknown

Case Type

Application

Bench

Presiding

Chitapi J

Full Bench

Chitapi J

Areas of Law

Civil procedureCompany law

Keywords

condonationrescission of judgmentconsent orderrule 449shareholding dispute

Key Issues

{"issue_text":"Whether condonation is required for late filing of application to rescind consent judgment under rule 449","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed 30 months after judgment"}
{"issue_text":"Whether the applicants have provided acceptable explanation for the delay","issue_type":"mixed","dispositive":"no","related_facts":"First applicant in hiding, threats to life, legal practitioner acted without instructions"}
{"issue_text":"Whether the applicants have prospects of success in the proposed rescission application","issue_type":"mixed","dispositive":"no","related_facts":"No signatures on consent order, legal practitioner may have acted without instructions"}

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background

Facts of the Case

Background

The applicants sought condonation for late filing of an application to rescind a consent judgment granted in 2017 concerning shareholding in mining companies. The first applicant claimed he was unaware of the trial date due to being in hiding following threats to his life and that his legal practitioner had acted without instructions in consenting to judgment.

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