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Harare High Court
WATERMOUNT ESTATES PRIVATE LIMITED versus ONIYAS ZIDANDA GUMBO and KWAZISO BHOSHA and RAYMOND MOYO
HH 733-22
Case Details
Court
Harare High Court
Date
22 September 2022
Citation
HH 733-22
Neutral Citation
[2022] ZWHH 733
Outcome
unknown
Case Type
Application
Bench
Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Civil ProcedureCompany Law
Keywords
PostponementWithdrawalExceptionLis PendensCause of Action
Tags
Withdrawal of SummonsPostponementLis PendensException
legislation
Statutes Cited
- High Court Rules, 2021
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application for postponement should be granted","issue_type":"procedural","dispositive":"yes","related_facts":"Plaintiff's counsel sought postponement due to Advocate unavailability; defendants opposed"}
- {"issue_text":"Whether the matter should be dismissed following withdrawal of summons","issue_type":"procedural","dispositive":"yes","related_facts":"Plaintiff withdrew summons after postponement was dismissed"}
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background
Facts of the Case
Background
The plaintiff issued a summons against three defendants for payment of US$5,000,000.00. The defendants excepted to the summons, arguing it disclosed no cause of action and was lis pendens. When the matter was set down for hearing of the exception, the plaintiff's counsel sought a postponement, which was dismissed. The plaintiff then withdrew the summons.
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