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Harare High Court
SLICE DISTRIBUTORS (PVT) LTD v SAKHILE MBANO & Anor & Lucia MKANDHLA N.O. & CITY OF KWEKWE
HH 407-24
Case Details
Court
Harare High Court
Date
11 September 2024
Citation
HH 407-24
Neutral Citation
[2024] ZWHH 407
Outcome
unknown
Case Type
Application
Bench
Presiding
DEME J
Full Bench
DEME J
Areas of Law
Administrative LawCivil Procedure
Keywords
rescissiondefault judgmentadministrative justicelease terminationright of first refusal
Tags
rescission of judgmentdefault judgmentadministrative lawlocal government
legislation
Statutes Cited
- Administrative Justice Act
- High Court Rules, 2021
- High Court Rules, 2021
- High Court Rules, 1971 (repealed)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether default judgment is appealable","issue_type":"procedural","dispositive":"no","related_facts":"Judgment entered on 27 September 2023 for failure to file Heads of Argument"}
- {"issue_text":"Whether the present application meets the essential requirements of the application for rescission of default judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's explanation for failure to file heads, bona fides of application, prospect of success on merits"}
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background
Facts of the Case
Background
The applicant company sought rescission of a default judgment entered against it on 27 September 2023 when it failed to file Heads of Argument in HC 8122/22. The default judgment arose from a review application concerning the termination of the first respondent's lease agreement and sale of property to the applicant by the third respondent (City of Kwekwe).
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