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Harare High Court
Tendai Masike v Peterhouse School
HH 645-18
Case Details
Court
Harare High Court
Date
4 October 2018
Citation
HH 645-18
Neutral Citation
[2018] ZWHH 645
Outcome
unknown
Case Type
Application
Bench
Presiding
Hungwe J
Full Bench
Hungwe J
Areas of Law
Civil ProcedureFamily Law
Keywords
condonationrescission of judgmentdefault judgmentservice of processcontract dispute
Tags
default judgmentrescissioncondonationservice of process
legislation
Statutes Cited
- High Court Rules, Order 5 Rule 2
- High Court Rules, Rule 63(1)
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant has shown good cause for condonation of late filing of rescission application","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant learned of judgment in January 2018 while in Afghanistan, needed notarized documents from embassy"}
- {"issue_text":"Whether applicant has prospects of success in the rescission application","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant claims no contract with school, was not properly served"}
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background
Facts of the Case
Background
The applicant, who had been living in the USA since 1999, sought condonation for late filing of an application to rescind a default judgment entered against him for school fees. The judgment was entered after his estranged wife allegedly authorized lawyers to file an appearance to defend without his consent, leading to default judgment when the lawyers withdrew.
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