Jinan Mining v GMP Trading Private Limited t/a GMP Real Estate Private Limited

HH 627-18

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Case Details

Court

Harare High Court

Date

10 October 2018

Citation

HH 627-18

Neutral Citation

[2018] ZWHH 627

Outcome

unknown

Case Type

Application

Bench

Presiding

MUZOFA J

Full Bench

MUZOFA J

Areas of Law

Civil ProcedureAppeal Procedure

Keywords

leave to appealres judicataamendment of pleaprospects of successcosts on higher scale

Key Issues

{"issue_text":"Whether the applicant has prospects of success on appeal","issue_type":"procedural","dispositive":"yes","related_facts":"The court found no prospects of success based on res judicata and failure to comply with appeal requirements"}
{"issue_text":"Whether the order of 5 July 2017 was properly appealed and set aside","issue_type":"procedural","dispositive":"no","related_facts":"The notice of appeal was against the 11 July judgment which did not include the 5 July order"}

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Facts of the Case

Background

The applicant, who is the defendant in the main matter, sought leave to appeal against the dismissal of its application to amend its plea. The dismissal was based on the court finding that the matter was res judicata due to an extant order of 5 July 2017. This was the second attempt to appeal to the Supreme Court while the matter was still at pre-trial conference stage.

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