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CHIHWAYI ENTERPRISES (PVT) LTD v ATISH INVESTMENTS (PVT) LTD 2007 (2) ZLR 89 (S)

2007 (2) ZLR p89

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
O Mushuma, for the respondent

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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