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 The issue that falls for determination is whether or not the judgment sought to be rescinded was erroneously granted.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
This is an urgent chamber application for a spoliation order. At the hearing, the applicant applied for an amendment to the order sought in its draft order which was granted. Having struck out the interim relief, the terms of the final order sought are now as follows;
“The application for spoliation be and is hereby granted. The status quo ante before the spoliation is restored and the 1st respondent and anyone acting, through them be and is hereby ordered to remove its fence over and to vacate the mining claim described as Mutaki, 10 Hectares Block, Goromonzi under Certificate of... More
Having held a pre-trial conference, I concluded the matter in favour of the plaintiffs by granting them the order prayed for which was in the following terms as per summons: More
