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Harare High Court
Rambo 2 Mining Syndicate & 2 Ors v Eric William Beachy-Head & 2 Ors
HH 288-25
Case Details
Court
Harare High Court
Date
5 May 2025
Citation
HH 288-25
Neutral Citation
[2025] ZWHH 288
Outcome
unknown
Case Type
Application
Bench
Presiding
MUSITHU J
Full Bench
MUSITHU J
Areas of Law
Civil ProcedureMining LawProperty Law
Keywords
rescissiondefault judgmentspecial grantmining syndicateprovisional ordergood and sufficient cause
Tags
rescission of judgmentdefault judgmentmining rightsspecial grantprovisional order
legislation
Statutes Cited
- High Court Rules, 2021
- National Museums and Monuments Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicants have shown good and sufficient cause for rescission of the default judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants' explanation for default, their conduct throughout the proceedings"}
- {"issue_text":"Whether the applicants' explanation for the default was reasonable","issue_type":"factual","dispositive":"no","related_facts":"Failure to disclose consent to provisional order, filing opposition out of time"}
- {"issue_text":"Whether the applicants have prospects of success on the merits","issue_type":"mixed","dispositive":"no","related_facts":"Validity of special grant, property ownership disputes"}
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background
Facts of the Case
Background
The applicants sought rescission of a default judgment granted against them in June 2024 which cancelled their mining special grant. They claimed they were not served with notice of set down after filing their notice of opposition. The first respondent opposed, arguing the applicants had consented to a provisional order and were barred from opposing when the default judgment was granted.
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