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Harare High Court

NU-AERO (PRIVATE) LIMITED T/A FLY AFRICA ZIMBABWE and CASSIDY MUGWAGWA v DETECT INVESTMENTS (PRIVATE) LIMITED T/A APPROPRIATE TECHNOLOGY AFRICA

HH 565-18

Case Details

Court
Harare High Court
Date
7 September 2018
Citation
HH 565-18
Neutral Citation
[2018] ZWHH 565
Outcome
unknown
Case Type
Application

Bench

Presiding
Muremba J
Full Bench
Muremba J
Areas of Law
Civil ProcedureHigh Court Rules
Keywords
rescissiondefault judgmentservice of processprovisional orderurgent application
Tags
rescission of judgmentdefault judgmentprocedural irregularity
legislation
Statutes Cited
  • High Court Rules, 1971
  • High Court Rules, 1971
  • High Court Rules, 1971
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the default judgment was erroneously granted in violation of High Court Rules","issue_type":"procedural","dispositive":"yes","related_facts":"No proof of service after removal from urgent roll; matter set down without notice"}
  • {"issue_text":"Whether a judge can grant a provisional order in motion court after another judge declined in chambers","issue_type":"procedural","dispositive":"no","related_facts":"Makoni J refused provisional order; motion court granted same order"}
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background
Facts of the Case

Background

The respondent obtained a default judgment against applicants after improperly setting down an urgent chamber application on the unopposed roll without proper service, after Makoni J had previously ruled the matter was not urgent. Applicants sought rescission of this default judgment.
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