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Harare High Court
Ngungunyana Housing Cooperative Society Limited and Luke Chesango and Morris Chimutwe and Shepherd Ruzive v Registrar of Cooperative Societies N.O
HH 560-18
Case Details
Court
Harare High Court
Date
26 September 2018
Citation
HH 560-18
Neutral Citation
[2018] ZWHH 560
Outcome
unknown
Case Type
Application
Bench
Presiding
CHIKOWERO J
Full Bench
CHIKOWERO J
Areas of Law
Administrative lawCivil procedure
Keywords
dismissal for want of prosecutionrescission of default judgmentcooperative societiesrule 236(3)(b)
Tags
cooperative societiesdismissal for want of prosecutionrescission of judgment
legislation
Statutes Cited
- High Court Rules, 1971
- High Court Act [Chapter 7:06]
- Co-operative Societies Act [Chapter 24:05]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the respondent's failure to prosecute the rescission application within the prescribed period warrants dismissal for want of prosecution","issue_type":"procedural","dispositive":"yes","related_facts":"No answering affidavit filed within one month; matter not set down for hearing"}
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background
Facts of the Case
Background
The applicants successfully obtained a default judgment against the respondent on 9 August 2017 setting aside the respondent's inquiry into their cooperative affairs. The respondent filed an application for rescission of judgment on 22 September 2017 but failed to prosecute it, neither filing an answering affidavit nor setting the matter down for hearing within the required one-month period.
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