CHIHWAYI ENTERPRISES (PVT) LTD v ATISH INVESTMENTS (PVT) LTD 2007 (2) ZLR 89 (S)
Citation | 2007 (2) ZLR 89 (S) |
Case No | Judgment No. S-23-07 |
Court | Supreme Court, Harare |
Judge | Sandura JA, Cheda JA & Malaba JA |
Heard | 6 February 2007 |
Judgment | 7 September 2007 |
Counsel | F M Katsande, for the appellant |
Case Type | Civil appeal |
Annotations | No case annotations to date |
Flynote
Evidence — affidavits — what is not denied in affidavits must be taken to be admitted
Legal practitioner — conduct and ethics — preparation by legal practitioner of affidavits which are false and misleading — legal practitioner should not appear in subsequent legal proceedings — duty in such cases
Practice and procedure — affidavits — what is not denied in affidavits must be taken to be admitted
Practice and procedure — judgment — default judgment — rescission — court empowered to grant rescission for "sufficient cause" —what must be shown to establish "sufficient cause"
Practice and procedure — judgment — default judgment — rescission — judgment obtained improperly or fraudulently — not a judgment granted under the rules of court — no need to seek condonation for delay in applying for rescission
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