AFROCHINE SMELTING (PVT) LTD v AVIM INVESTMENTS (PVT) LTD & THE SHERIFF OF THE HIGH COURT

HB 186/20

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Case Details

Court

Bulawayo High Court

Date

10 September 2020

Citation

HB 186/20

Neutral Citation

[2020] ZWHB 186

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

MABHIKWA J

Full Bench

MABHIKWA J

Areas of Law

Civil ProcedureCommercial Law

Keywords

Stay of executionDefault judgmentService of summonsDomicilium citandi et executandiRescission of judgment

Key Issues

{"issue_text":"Whether stay of execution should be granted pending determination of rescission application","issue_type":"procedural","dispositive":"yes","related_facts":"Default judgment granted, applicant filed for rescission, execution imminent"}
{"issue_text":"Whether applicant has prospects of success in rescission application","issue_type":"mixed","dispositive":"yes","related_facts":"Alleged improper service, change of address, no domicilium agreement"}
{"issue_text":"Whether service of summons was proper under Order 5 Rule 40","issue_type":"procedural","dispositive":"no","related_facts":"Service by affixing at gate, applicant had vacated premises, no domicilium"}

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background

Facts of the Case

Background

Applicant sought urgent stay of execution of a default judgment granted on 20 February 2020, claiming it was never served with summons and only learned of the judgment on 26 February 2020. The summons was allegedly served at an old address where applicant no longer operated. Applicant simultaneously filed for rescission of the judgment.

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