This is an opposed court application in which the applicant seeks the suspension of the council of the 1st respondent pending a forensic audit and that during such suspension the affairs of the 1st respondent be managed by the board appointed on 22 June 2023. The 1st and 2nd respondents opposed the application and raised some preliminary points. Likewise, the applicant has also raised some preliminary points. More
This is an urgent chamber application for stay of execution pending determination of a court application for rescission of judgment.
The application arises out of a judgment handed down by this court on 2 November 2021, under Case No. CIV ‘A’ 77/21. In that case, the court allowed an appeal by the respondent against a dismissal of her application for rescission of a default judgment granted in the Magistrates’ Court under Case No. M577/20. More
The plaintiff and the defendant where initially married to each other in 1985 in terms of customary law, but solemnized their marriage in terms of the Marriage Act [Cap 5:11] on 29 September 1994. They were blessed with four children of which only the last one Manhla Takudzwa Masuko born on 1 April 1996 is still a minor. Their marriage has irretrievably broken down. More
This is one such case in which condonation is sought for late noting of an application for rescission of a default judgment pertaining to a divorce order granted in the unopposed motion court on the 8th of April 2019 upon the applicant’s failure to attend trial.
Rescission of a default judgment in terms of r27 of the High Court Rules 2021 must generally be pursued within one month of a party getting to know of such judgment. Where a party has not sought rescission within the requisite time frame, then such party must to seek condonation first to be permitted... More
