Elisha Gumbo and Takunda Gift Chinoda and Thabani Shonhai v Allan Chipoyi and Munashe Masiyiwa and Student Representative Council and The Sheriff of Zimbabwe and Deputy Dean of Students and University of Zimbabwe

HH 217-23

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Case Details

Court

Harare High Court

Date

22 March 2023

Citation

HH 217-23

Neutral Citation

[2023] ZWHH 217

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Munangati-Manongwa J

Full Bench

Munangati-Manongwa J

Areas of Law

Civil ProcedureAdministrative Law

Keywords

urgent chamber applicationrule 59(6)provisional orderrescission of judgmentstudent representative council

Key Issues

{"issue_text":"Whether the applicants adopted the correct procedure in seeking to challenge a provisional order by way of an urgent application for leave to file rescission application","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants sought to use Rule 59(6) instead of following Form 26 procedure"}
{"issue_text":"Whether Rule 59(6) applies to situations where a provisional order has already been granted","issue_type":"procedural","dispositive":"no","related_facts":"Rule 59(6) deals with urgent court applications, not challenges to provisional orders"}

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Facts of the Case

Background

The applicants, who were office holders in the Student Representative Council, sought leave to file an urgent application for rescission of a default judgment. A provisional order had been granted against them suspending their expulsion from the university pending review proceedings, but they claimed they were not properly served and only learned of the order after it was granted.

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