Lenin Makechemu Ngwatu v Watson Gara

HH 475-22

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Case Details

Court

Harare High Court

Date

13 July 2022

Citation

HH 475-22

Neutral Citation

[2022] ZWHH 475

Outcome

unknown

Case Type

Application

Bench

Presiding

TAGU J

Full Bench

TAGU J

Areas of Law

Property LawContract LawCivil Procedure

Keywords

Pre-trial conferenceWillful defaultPower of attorneyReasonable notice

Key Issues

{"issue_text":"Whether the plaintiff was in willful default for not attending pre-trial conference in person","issue_type":"procedural","dispositive":"yes","related_facts":"Plaintiff based in USA, three days notice given, represented by counsel"}
{"issue_text":"Whether three days' notice was reasonable for a party based in the United States","issue_type":"procedural","dispositive":"no","related_facts":"Plaintiff resident in USA, travel arrangements needed"}

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background

Facts of the Case

Background

The plaintiff sued the defendant for refund of USD$25,000 paid for purchase of a residential stand plus USD$25,000 damages for breach of contract. After pleadings closed, the plaintiff applied for a pre-trial date. The defendant applied to dismiss the claim at pre-trial conference because the plaintiff, based in the United States, failed to attend in person, though represented by counsel and a witness with power of attorney.

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