Nyahondo Farm and Kim Birketoft and Mellisa Birketoft and Vanessa Birketoft v Denise Rosamond Birketoft

HH 214-18

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Case Details

Court

Harare High Court

Date

25 April 2018

Citation

HH 214-18

Neutral Citation

[2018] ZWHH 214

Outcome

unknown

Case Type

Application

Bench

Presiding

MWAYERA J

Full Bench

MWAYERA J

Areas of Law

Civil ProcedureCompany Law

Keywords

rescissionjudgment in errorheads of argumentnatural justiceaudi alteram partem

Key Issues

{"issue_text":"Whether the judgment under HC 9608/16 was erroneously granted","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants had filed heads of argument; court treated matter as unopposed"}
{"issue_text":"Whether the requirements for rescission under Order 49 Rule 449(1) are satisfied","issue_type":"procedural","dispositive":"yes","related_facts":"Judgment granted in error; applicants' rights affected"}

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background

Facts of the Case

Background

The applicants sought rescission of a judgment granted under HC 9608/16 which ordered the liquidation of the first applicant company and dismissed the applicants' opposition on the basis that they had not filed heads of argument. The applicants argued the judgment was granted in error as they had timeously filed their heads of argument and the court treated the matter as unopposed.

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