Parkham Enterprises (Private) Limited & Anor v Adhesive Products Manufactures (Private) Limited & Anor

[2021] ZWSC 100

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Case Details

Court

Supreme Court

Date

20 July 2021

Citation

[2021] ZWSC 100

Judgment No.

SC 100/21

Outcome

unknown

Case Type

Application

Bench

Presiding

CHITAKUNYE JA

Full Bench

CHITAKUNYE JA

Areas of Law

Civil ProcedureInsolvency Law

Keywords

default judgmentreinstatement of appealjudicial managementprovisional order

Key Issues

{"issue_text":"Whether the judgment of the court a quo was a default judgment or a judgment on the merits","issue_type":"procedural","dispositive":"yes","related_facts":"Counsel made submissions despite bar; no application for upliftment; court expressly stated it was default judgment"}
{"issue_text":"Whether the deponent to the founding affidavit had authority to represent the first applicant","issue_type":"procedural","dispositive":"no","related_facts":"Deponent appointed director while company under judicial management"}

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background

Facts of the Case

Background

The applicants sought reinstatement of an appeal against a default judgment granted by the High Court discharging a provisional judicial management order. The first applicant had been under provisional judicial management since 1 March 2016. The first respondent successfully applied for discharge of the judicial management order, and the applicants were automatically barred for failing to file opposing papers. Despite being advised of the bar, counsel persisted in making submissions on the merits without applying for upliftment of the bar.

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