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Harare High Court
TOTAL ZIMBABWE LIMITED v SM TYRE (PRIVATE) LIMITED
HH 245-2012
Case Details
Court
Harare High Court
Date
12 June 2012
Citation
HH 245-2012
Neutral Citation
[2012] ZWHH 245
Outcome
unknown
Case Type
Application
Bench
Presiding
MATHONSI J
Full Bench
MATHONSI J
Areas of Law
Civil ProcedureContract Law
Keywords
DefaultBarHeads of argumentCosts
Tags
Debt recoveryDefault judgmentHeads of argument
legislation
Statutes Cited
- High Court of Zimbabwe Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the respondent is barred from opposing the application due to failure to file heads of argument","issue_type":"procedural","dispositive":"no","related_facts":"Service of heads of argument on 13 February 2012; failure to file within 14 days"}
- {"issue_text":"Whether the applicant is entitled to the relief sought","issue_type":"law","dispositive":"yes","related_facts":"The applicant has made out a good case on the papers"}
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background
Facts of the Case
Background
The applicant served its heads of argument on the respondent on 13 February 2012. The respondent failed to file its own heads of argument within the required fourteen days and was therefore barred. The respondent was also served with a notice of set down for the hearing on 3 May 2012 but failed to appear.
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