The applicant herein defaulted in entering an appearance to defend the summons issued against him by the respondent in case HC2038/20. As a result a default judgmentagainst him was obtained ensued by a writ of execution, consequently giving rise to this application for rescission of judgment.
The undisputed factual run up is that the respondent is resident in the United Kingdom. Through her legal practitioner, one Innocent Taruvinga,entered into two separate loan agreements with the applicant. In the first one,executed on 3 July, 2020, applicant was advanced the sum of forty-five thousand (US$ 45 000, 00). Within a space of... More
This is an application for summary judgment in terms of rule 64 which reads:
“(1) Where the defendant has entered appearance to a summons, the plaintiff may, at any time before a pre-trial conference is held, make a court application in terms of this rule for the court to enter summary judgment for what is claimed in the summons and costs. More
This was an application for bail pending appeal in which this court, after perusing the application and hearing counsel, this court was of the considered view that bail pending appeal be not granted as there were no prospects of success on appeal. More
This matter took unduly long to conclude. It was initially intercepted by a robustly contested point in limine challenging the court`s exercise of jurisdiction. The ensuing interlocutory arguments resulted in the decision of Matthew Rosenfeldt v The Brackenhill Trust & 4 Ors HH 348-23. That matter dealt extensively with the issue of definition of a commercial dispute. More
The procedural overburden which suffocated resuscitation of distressed companies under Zimbabwe`s old Insolvency Act [Chapter 6:04] and Companies Act [ Chapter 24:03] was articulated by MALABA CJ in Metallon Gold Zimbabwe (Pvt) Ltd & 3 Ors v Shatirwa Investments (Pvt) Ltd & 3 Ors SC 107-21. In the same decision, the Learned Chief Justice dwelt, with equal acuity, on the significant changes to the corporate rescue process introduced by the new Insolvency Act [Chapter 6:07] . More
