Smallaxe Merchants Ltd v Hwange Coal Gasification Company (Pvt) Ltd & Philcool Investiments (Pvt) Ltd

HB 60/23

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Case Details

Court

Bulawayo High Court

Date

6 April 2023

Citation

HB 60/23

Neutral Citation

[2023] ZWHB 60

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

DUBE-BANDA J

Full Bench

DUBE-BANDA J

Areas of Law

Civil ProcedureSecurity for Costs

Keywords

peregrinussecurity for costsRegistrar determinationrule 75

Key Issues

{"issue_text":"Whether the court should strike the matter off the roll or dismiss it for failure to furnish security for costs within the Registrar's timeline","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant failed to pay USD 30 000 by 14:00 on 30 March 2023"}

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background

Facts of the Case

Background

The Zambian-incorporated applicant brought an urgent application against the respondents. Because it is a peregrinus, the Registrar determined it must give USD 30 000 security for costs by 14:00 on 30 March 2023. When the matter was called at 14:30 that day the security had not been provided. Applicant asked that the matter be struck off the roll; respondents contended it should be dismissed.

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