This was an application for rescission of a default judgment in terms of rule 449 (1) (a) of the High Court Rules, 1971. On 7 September 2018 I heard the matter and delivered an ex tempore judgment. I have now been asked for the written reasons and these are they.
The facts of the matter were as follows. The respondent filed an urgent chamber application under HC 4239/17on 12 May 2017. On the very day the respondent served the application on the applicants who then engaged their lawyers. Upon getting instructions the applicants’ lawyers wrote to the respondent’s lawyers on... More
The second and third applicants are shareholders of the first applicant, a company duly incorporated in terms of the laws of Zimbabwe. The second applicant is also the Managing Director of the first applicant. The first respondent is a company duly incorporated in terms of the laws of Zimbabwe. The second respondent is a company duly incorporated in Mauritius. The third respondent is a company duly incorporated in terms of the laws of Zimbabwe. More
Applicant is seeking rescission of a judgment by Consent in terms of 49 r 449 (1) (c) which provides as follows:
“449 Correction, variation and rescission of judgment and orders.
(1) The court or a judge may, in addition to any power it or he may have, mero motu, or upon the application of any party affected, correct, rescind or vary any judgment or order-
(a) ………………..
(b)
(c) that was granted as a result of a mistake common to the parties” More
The applicants approached the court seeking for rescission of judgment in terms of order 49 rule 449 (1) of the High Court Rules, 1971. The issue that falls for determination is whether or not the judgment sought to be rescinded was erroneously granted. More
An application for default judgment under Order 9 Rule 57 of the High Court Rules, 1971 does not ordinarily prompt a written judgment. The nature of the relief sought, for which Rule 57 is invoked is such that a Judge should not over ruminate on whether or not the claim is one for a debt or liquidated demand. It must appear ex facie the summons, declaration with any supporting documents that it is a claim for a debt or liquidated demand. The extraordinary circumstances of this matter have impelled me to render a judgment nevertheless. The plaintiff is a law... More
