Nutriveg (Private) Limited (Under Judicial Management) v Communications & Allied Industries Pension Fund and The Sheriff of the High Court (N.O) and The Magistrate (N.O)

HH 626-17

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Case Details

Court

Harare High Court

Date

27 September 2017

Citation

HH 626-17

Neutral Citation

[2017] ZWHH 626

Outcome

unknown

Case Type

Application

Bench

Presiding

Mushore J

Full Bench

Mushore J

Areas of Law

Civil ProcedureCompany LawContract Law

Keywords

rescissionconsent judgmentcommon mistakejudicial managementleave of court

Key Issues

{"issue_text":"Whether the consent order of 10 November 2015 should be rescinded for lack of leave of court","issue_type":"procedural","dispositive":"no","related_facts":"Applicant was under judicial management; clause 1(e) of judicial management order required leave"}
{"issue_text":"Whether there was a common mistake between parties justifying rescission under r 449(1)(c)","issue_type":"mixed","dispositive":"yes","related_facts":"Parties consented to order; applicant later claimed mistake"}

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background

Facts of the Case

Background

The applicant, a company under judicial management, sought rescission of a consent order granted on 10 November 2015 concerning eviction from leased premises. The applicant claimed the order was a nullity because it was granted without leave of the court as required by the judicial management order, and that the legal practitioner had no instructions to consent.

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