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Harare High Court
Pethal Investments (Pvt) Ltd v Eric Anthony Rosen and Elizabeth Rosen
HH 203-17
Case Details
Court
Harare High Court
Date
24 March 2017
Citation
HH 203-17
Neutral Citation
[2017] ZWHH 203
Outcome
unknown
Case Type
Trial
Bench
Presiding
Chiweshe JP
Full Bench
Chiweshe JP
Areas of Law
Commercial LawCivil Procedure
Keywords
suretyshiplis alibi pendenslease agreementforum shoppingmultiplicity of actions
Tags
suretyshiplease agreementlis alibi pendenscivil procedure
legislation
Statutes Cited
- N
- o
- n
- e
- c
- i
- t
- e
- d
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the special plea of lis alibi pendens should be upheld","issue_type":"procedural","dispositive":"yes","related_facts":"Same debt is claimed in both courts, different parties sued in each court"}
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background
Facts of the Case
Background
The plaintiff sued the defendants as sureties for a company that owed rent arrears. The defendants raised a special plea of lis alibi pendens, arguing that the same matter was pending in the Magistrates Court against the principal debtor company.
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