Gibson Chamboko and Mr Chamboko Snr and Change Tomas Kwodzi v Patric John Stooks and P J Stooks (Private) Limited

HH 122-10

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Case Details

Court

Harare High Court

Date

30 June 2010

Citation

HH 122-10

Neutral Citation

[2010] ZWHH 122

Outcome

unknown

Case Type

Application

Bench

Presiding

MAKONI J

Full Bench

MAKONI J

Areas of Law

Property LawCivil Procedure

Keywords

spoliation orderrescission applicationdefault judgmentservice of process

Key Issues

{"issue_text":"Whether the applicants have shown good and sufficient cause for rescission of the default judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants' failure to oppose, alleged lack of service, opportunities to regularize"}
{"issue_text":"Whether the applicants were properly served with the court application","issue_type":"factual","dispositive":"no","related_facts":"Deputy Sheriff's returns of service, service through legal practitioner"}
{"issue_text":"Whether the applicants have a bona fide defence on the merits","issue_type":"mixed","dispositive":"no","related_facts":"Applicants' occupation with offer letters, respondents' locus standi"}

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Facts of the Case

Background

The applicants sought rescission of a default judgment granted on 13 May 2009 in a spoliation application. They claimed they were not served with the court application, but the court found they were properly served and had multiple opportunities to oppose but failed to do so.

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