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Harare High Court
National Social Security Authority v Twenty Third Century Systems (Pvt) Ltd & 3 Ors And Blessmore Chanakira & Anor
HH 752-22
Case Details
Court
Harare High Court
Date
26 October 2022
Citation
HH 752-22
Neutral Citation
[2022] ZWHH 752
Outcome
unknown
Case Type
Interlocutory application
Bench
Presiding
Chilimbe J
Full Bench
Chilimbe J
Areas of Law
Civil procedureHigh Court Rules compliance
Keywords
Rule 42(8)Special pleaHeads of argumentCondonationStriking off
Tags
Civil procedureSpecial pleaCondonationRule compliance
legislation
Statutes Cited
- High Court Rules, 2021
- High Court Rules, 2021
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court should grant condonation for failure to file heads of argument simultaneously with special plea as required by Rule 42(8)","issue_type":"procedural","dispositive":"yes","related_facts":"Defendant filed special plea without heads of argument; no prior application for condonation made"}
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background
Facts of the Case
Background
The fifth defendant filed a special plea but failed to file heads of argument simultaneously as required by Rule 42(8) of the High Court Rules 2021. The plaintiff objected to this procedural defect. When the matter came before court, the defendant's counsel applied for condonation from the bar, which the court refused, striking the special plea off the roll.
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