Vera v Imperial Asset Management Company (HC 5425 of 2005) [2006] ZWHHC 50 (25 April 2006)

Vera v Imperial Asset Management Company (HC 5425 of 2005) [2006] ZWHHC 50 (25 April 2006)

The respondent was automatically barred for failing to file heads of argument within the prescribed period without condonation, and the applicant was entitled to default judgment.

Citation
[2006] ZWHHC 50
Parties
Applicant: Shadreck Vera; Respondent: Imperial Asset Management Company
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
25 April 2006
Case Number
HC 5425 of 2005
Procedural Posture
Opposed Application / Ruling on Default Judgment Due to Late Filing of Heads of Argument
Outcome
Default judgment granted in favour of the applicant.
Legal Topics
Default Judgment, Filing Deadlines, Interpretation of Court Rules
Source Language
English
Civil Procedure Default Judgment Filing Deadlines Interpretation of Court Rules

Case Brief

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Parties

Shadreck Vera

Applicant

Imperial Asset Management Company

Respondent

Procedural Posture

Opposed Application / Ruling on Default Judgment Due to Late Filing of Heads of Argument

Legal Issues

  1. 1 Whether the respondent was automatically barred for late filing of heads of argument without condonation
  2. 2 Proper interpretation of Rule 238 (2a) of the High Court Rules 1971

Ratio Decidendi

The respondent was automatically barred for failing to file heads of argument within the prescribed period without condonation, and the applicant was entitled to default judgment.

Court Disposition

Default judgment granted in favour of the applicant.

Orders

  • The respondent shall, within 5 days of service of this order, sign all documents necessary to have motor vehicle registration number 772-215N registered in the name of the applicant, failing which the Deputy Sheriff is authorized to sign such documents on behalf of the respondent.
  • The respondent shall pay the costs of this application.