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Harare High Court
Otillia Kamhunga v Antock Kurauone N.O and 5 Others
HH 784-22
Case Details
Court
Harare High Court
Date
10 November 2022
Citation
HH 784-22
Neutral Citation
[2022] ZWHH 784
Outcome
unknown
Case Type
Application
Bench
Presiding
Muremba J
Full Bench
Muremba J
Areas of Law
Civil ProcedureCompany LawHigh Court Rules
Keywords
Irregular proceedingsExceptionSpecial pleaHeads of argumentRule 42(8)Rule 43(1)
Tags
Judicial ManagementCompany LawCivil Procedure
legislation
Statutes Cited
- High Court Rules, 2021
- Interpretation Act [Chapter 1:01]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether failure to file heads of argument in terms of rule 42(8) renders an exception and special plea irregular and liable to be set aside","issue_type":"procedural","dispositive":"yes","related_facts":"Respondents filed exception and special plea without heads of argument"}
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background
Facts of the Case
Background
The applicant sought to set aside exception and special plea filed by respondents in the main action for alleged non-compliance with High Court Rules, 2021, specifically rule 42(8) requiring heads of argument to be filed simultaneously with exceptions and special pleas.
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