The applicants coined their application in the heading as “Court Application for condonation of late noting of an application for rescission and rescission of a default judgment in terms of r 29 of the High Court Rules, 2021.” In para 13 of the founding affidavit, the deponent who is the first applicant averred that the application was for “condonation for late noting of an application for default judgement, upliftment of a bar for failure to file heads of argument and an application for rescission of a default judgement in terms of r 29(1)(a) of the High Court Rules 2021.” Rule... More
This is an urgent chamber application in which the Applicants seek an interdict restraining the Respondents from evicting them and twenty-eight other farmers from Lion Kopje Farm in the Mashonaland West province. The matter was initially set down for argument on 20 August 2012 but was postponed to 28 August 2012 to enable the Applicants’ legal practitioner to respond to the opposing affidavit which had been filed on the same date. It was also hoped that during the postponement the parties would explore the prospects of a settlement. On 28 August the matter was again postponed to 3 September as... More
The facts of this matter being common cause the counsels agreed to proceed by way of a special case. Consequently, they filed a statement of agreed facts and heads of argument. More
The facts that gave rise to this case arose in the financial tumultuous period of August 2008 when hyper-inflation wrecked the Zimbabwean economy. The plaintiff company issued summons out of this court on 24 July 2009 seeking specific performance and in the alternative contractual damages for breach of contract in the sum of US$4 000.00. The action was contested by the defendant company. More
I have before me two applications for rescission of default judgments. At the conclusion of the hearing of this matter the parties requested for a consolidation of cases HC 1342/10 and HC 1343/10. This was so because the cases were anchored on the same subject matter and the relief sought was the same. I granted the application for consolidation. In both applications the applicant seeks the setting aside of default judgments.
In case No. HC 1342/10 the applicant seeks the following relief (as amended):
“IT IS ORDERED THAT:
1. The judgment granted to the first respondent in default in case... More
