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Harare High Court
TENKE FUNGULUME MINING S.A.R.L v BRUNO ENTERPRISES (PVT) LTD (Under Judicial Management)
HH 641-22
Case Details
Court
Harare High Court
Date
21 September 2022
Citation
HH 641-22
Neutral Citation
[2022] ZWHH 641
Outcome
unknown
Case Type
Application
Bench
Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Civil ProcedureConflict of LawsDelict
Keywords
absolution from the instanceleave to appealremittalforeign lawCongolese lawjurisdictionprescriptionvicarious liability
Tags
absolution from the instanceleave to appealremittalforeign lawjurisdiction
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the High Court erred in determining the matter on remittal without rehearing the parties","issue_type":"procedural","dispositive":"yes","related_facts":"Supreme Court remitted matter for determination of all issues"}
- {"issue_text":"Whether the court erred in concluding that Congolese law did not need to be proved","issue_type":"law","dispositive":"no","related_facts":"Delict occurred in DRC; respondent did not lead Congolese law evidence"}
- {"issue_text":"Whether the court properly applied the test for absolution from the instance","issue_type":"law","dispositive":"yes","related_facts":"Court found prima facie case established"}
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background
Facts of the Case
Background
The applicant sought leave to appeal against the High Court's second dismissal of its application for absolution from the instance. The Supreme Court had previously remitted the matter for determination of all issues placed before the court, finding the initial judgment inadequate.
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