Nyakamha v Lobels Bread (Private Limited) (175 of 2023) [2023] ZWHHC 175 (9 March 2023)

Nyakamha v Lobels Bread (Private Limited) (175 of 2023) [2023] ZWHHC 175 (9 March 2023)

There is no automatic bar for late filing of notice of opposition in chamber applications; respondent's notice of opposition was validly filed and the application cannot proceed as unopposed.

Citation
[2023] ZWHHC 175
Parties
Applicant: John Nyakamha; Respondent: Lobels Bread (Private Limited)
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
9 March 2023
Case Number
175 of 2023
Procedural Posture
Chamber Application / Ruling on Chamber Application
Outcome
application refused
Legal Topics
Default Judgment, Dies Induciae, Bar of Pleadings, Chamber Application Procedure
Source Language
English
Civil Procedure Default Judgment Dies Induciae Bar of Pleadings Chamber Application Procedure

Case Brief

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Parties

John Nyakamha

Applicant

Lobels Bread (Private Limited)

Respondent

Procedural Posture

Chamber Application / Ruling on Chamber Application

Legal Issues

  1. 1 Whether a respondent who files a notice of opposition outside the dies induciae is automatically barred in chamber applications
  2. 2 Whether the application for dismissal can proceed as unopposed

Ratio Decidendi

There is no automatic bar for late filing of notice of opposition in chamber applications; respondent's notice of opposition was validly filed and the application cannot proceed as unopposed.

Court Disposition

application refused

Orders

  • Application for dismissal of respondent’s claim as unopposed is refused.