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Harare High Court

Lodzi Hunters Zimbabwe and Nqobani Sithole v Tsholotsho Rural District Council and Matupula Hunters (Pvt) Ltd and Director General of Parks and Wildlife Management Authority and Parks and Wildlife Management Authority and The Minister of Environment, Tourism and Hospitality Industry

HH 219-21

Case Details

Court
Harare High Court
Date
30 April 2021
Citation
HH 219-21
Neutral Citation
[2021] ZWHH 219
Outcome
unknown
Case Type
Application

Bench

Presiding
MUZOFA J
Full Bench
MUZOFA J
Areas of Law
Administrative LawCivil Procedure
Keywords
Rescission of judgmentDefault judgmentRule 449Rule 63Procurement challengeTender dispute
Tags
ProcurementTenderDefault judgmentRescission
legislation
Statutes Cited
  • High Court Rules, 1971
  • High Court Rules, 1971
  • High Court Rules, 1971
  • High Court Rules, 1971
  • High Court Rules, 1971
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether applicants satisfied requirements for rescission under r 449(1)","issue_type":"procedural","dispositive":"yes","related_facts":"First applicant was barred but represented; second applicant absent but costs awarded de bonis propriis"}
  • {"issue_text":"Whether application under r 63 was time-barred","issue_type":"procedural","dispositive":"no","related_facts":"Application filed outside one-month period"}
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background
Facts of the Case

Background

The applicants sought rescission of a default judgment granted against them for failure to file heads of argument in a procurement dispute concerning a hunting concession tender. The first applicant was barred for non-compliance with court rules, and the second applicant, their legal practitioner, had costs awarded against him de bonis propriis.
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