The parties referred to the court for determination as a stated case the single legal issue “whether costs of suit on an attorney client scale and collection commission as provided for under the Law Society of Zimbabwe By-laws (1982) are payable by the first and third defendants jointly and severally, the one paying the other to be absolved, and if not, to determine the appropriate scale of costs”.
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This is an application for rescission of a default judgment made in terms of Rule 449 (1)(a) of the High Court Rules, 1971 (“the old Rules”). That judgment was granted by this court under case number HC 4052/11. What happened is that, the applicants (who were parties) in those proceedings, defaulted in filing their plea.
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