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MINISTER OF HOME AFFAIRS & ORS v VUTA 1990 (2) ZLR 338 (S)

1990 (2) ZLR p338

Citation

1990 (2) ZLR 338 (S)

Case No

Details not supplied

Court

Supreme Court, Harare

Judge

McNally ACJ, Manyarara JA & Korsah JA

Heard

25 September 1990

Judgment

29 October 1990

Counsel

Mrs B Mtetwa for the appellants
S V Hwacha for the respondent

Case Type

Civil appeal

Annotations

Link to case annotations

Flynote

Costs — delay due to administrative incompetence — proper course is to mulct the offender in costs — rescission of judgment — applicant seeking an indulgence from the court — will usually have to bear costs even if successful in the action — each case to be decided on its merits.

Practice and procedure — rescission of judgment — negligence — not in itself a sufficient reason for refusal to grant relief — entry of appearance to defend one day late — application to rescind judgment should not be refused unless applicant's case is hopeless.

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