This is an application for rescission of judgment which in effect seeks to set aside the registration of a deed of settlement as an order of court using the mechanism of rescission. At a pre-trial conference the applicant as defendant entered into a deed of settlement with the respondent as plaintiff regarding the transfer and purchase of shares from Old Mutual Limited in lieu of applicant’s failure to transfer property purchased by the respondent. The deed of settlement was entered into on the 1st of July 2008. The shares were to have been purchased and transferred within fourteen days from... More
Following the decisionI made in HC 11586/15 (HH 456/17),the Supreme Court ordered that the matter be referred back to this court for the principles relating to rescission of judgment in terms of Order 9r63 to be considered.The background facts are briefly reiterated for context to the applicable principles. More
At the hearing of this matter, the issue if whether or not the respondent was barred was raised and MrNhokwara for the respondent submitted that the respondent was not barred as its heads were filed five days before the set down date. More
On 12 June 2012 Arbitrator D. Mudzengi gave the following award in favour of the applicants.
“My award is as follows:
1. It is ordered that respondent pays $77 373.41 salary arrears to the 25 employees within 21 days of this award. The names of the employees and the amounts owed are as per the attached schedule.
2. Claimants’ claim of unfair dismissal is hereby dismissed.” More
This matter came as an exparte urgent chamber application for stay of execution of the default judgment granted under HC 10745/11 pending the determination of an application for rescission of judgement in that case. I directed that the other party be served with the application and that the application be set down for argument. Thereafter, I dismissed the application and gave an ex tempo judgement. I have now been requested for detailed reasons. More
