Technoimpex JSC v Rajendrakumar Jog & 3 Ors

SC 29/22

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Case Details

Court

Supreme Court

Date

22 February 2022

Citation

SC 29/22

Neutral Citation

[2022] ZWSC 29

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Guvava JA

Author

Uchena JA

Full Bench

Guvava JAUchena JAKudya AJA

Areas of Law

Civil procedureProperty lawHigh Court Act

Keywords

InterdictRescissionConsent orderInterlocutory orderLeave to appealDefault judgment

Key Issues

{"issue_text":"Whether appellant consented to order discharging provisional order and can therefore not appeal against it","issue_type":"procedural","dispositive":"yes","related_facts":"Parties' agreement before Musithu J; submissions by Advocate Magwaliba"}
{"issue_text":"Whether appellant can appeal against interlocutory order striking application off roll without leave of court","issue_type":"procedural","dispositive":"yes","related_facts":"Order striking off for lack of authority; s 43(2)(d) High Court Act"}

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Facts of the Case

Background

Bulgarian company Technoimpex JSC, owner of Bath Mansions Flats in Harare, sought rescission of default judgment and interdict against transfer of its property. High Court struck off rescission application and discharged interdict by consent. Supreme Court appeal challenged on procedural grounds regarding validity of notice of appeal against consent and interlocutory orders.

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