LESLEY FAYE MARSH PRIVATE LIMITED T/A PREMIER DIAMONDS & 7 Others v AFRICAN BANKING CORPORATION OF ZIMBABWE PRIVATE LIMITED & ABC HOLDINGS PRIVATE LIMITED

Judgment No. SC 4/19, Criminal Appeal No. SC 1014/17

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Case Details

Court

Supreme Court

Date

15 February 2019

Citation

Judgment No. SC 4/19, Criminal Appeal No. SC 1014/17

Neutral Citation

[2019] ZWSC 4

Judgment No.

SC 4/19

Outcome

unknown

Case Type

Appeal

Bench

Presiding

GWAUNZA DCJ

Author

MAKARAU JA

Full Bench

GWAUNZA DCJMAKARAU JAMAKONI JA

Areas of Law

Civil procedureCommercial lawBanking and finance

Keywords

Default judgmentRescission applicationRule 238(2)(b)High Court RulesUnopposed applicationBar for late filing

Key Issues

{"issue_text":"Whether the High Court correctly treated the application for dismissal as unopposed when the appellant was barred for filing heads of argument out of time under Rule 238(2)(b)","issue_type":"procedural","dispositive":"yes","related_facts":"Late filing of heads of argument, bar under Rule 238(2)(b)"}

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background

Facts of the Case

Background

Appellants failed to attend pre-trial conference, leading to their defence being struck off and default judgment entered against them. They filed application for rescission of judgment but failed to file heads of argument on time, leading to application being dismissed for want of prosecution.

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