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Harare High Court
Olimas Engineering (Private) Limited t/a F and R Travel Tours and Car Sales v Old Mutual Asset Managers Zimbabwe
HH 148-12
Case Details
Court
Harare High Court
Date
2012
Citation
HH 148-12
Neutral Citation
[2012] ZWHH 148
Outcome
unknown
Case Type
Application
Bench
Presiding
Chiweshe JP
Full Bench
Chiweshe JP
Areas of Law
Civil ProcedureContract Law
Keywords
Rescission of judgmentDefault judgmentWilful defaultBona fide defence
Tags
Contract LawDefault JudgmentRescission of Judgment
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant has shown good and sufficient cause for rescission of the default judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant was in wilful default; withdrawal of appearance to defend was deliberate"}
- {"issue_text":"Whether the applicant has a bona fide defence to the action","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant received full payment but failed to deliver vehicles"}
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background
Facts of the Case
Background
The respondent purchased two vehicles from the applicant and paid in full, but the applicant failed to deliver. The respondent issued summons and obtained default judgment after the applicant's legal practitioners withdrew their appearance to defend in open court. The applicant now seeks to rescind that default judgment.
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