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Harare High Court
NGUNGUNYANA HOUSING COOPERATIVE v EGOROCK INVESTMENTS [PVT] LTD
HH 273-17
Case Details
Court
Harare High Court
Date
5 May 2017
Citation
HH 273-17
Neutral Citation
[2017] ZWHH 273
Outcome
unknown
Case Type
Application
Bench
Presiding
Mafusire J
Full Bench
Mafusire J
Areas of Law
Civil procedureCommercial litigation
Keywords
Rescission of judgmentDefault judgmentSummary judgmentCondonationTime limits
Tags
Rescission of judgmentDefault judgmentSummary judgment
legislation
Statutes Cited
- High Court Rules, Order 9 rule 63
- High Court Rules, Order 1 rule 4
- Cooperative Societies Act
- Cooperative Societies Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether application for rescission was filed within time","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed 21 March 2014, judgment granted 12 December 2012"}
- {"issue_text":"Whether applicant made out good and sufficient cause for rescission","issue_type":"mixed","dispositive":"yes","related_facts":"Concealment of facts, admission of debt, wilful default"}
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background
Facts of the Case
Background
The applicant sought rescission of a default summary judgment granted on 12 December 2012. The application was filed on 21 March 2014, more than one year after the judgment. The applicant claimed it only became aware of the judgment on 5 March 2014, but evidence showed the management committee knew within two days of the judgment being granted.
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