James Sanders v Christopher William Barnsely and Toneth Mudede and Richard Hondo and Blackbury Television (Private) Limited and The Deputy Sheriff No (Harare)

HH 373-2012

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Case Details

Court

Harare High Court

Date

6 September 2012

Citation

HH 373-2012

Neutral Citation

[2012] ZWHH 373

Outcome

unknown

Case Type

Application

Bench

Presiding

ZHOU J

Full Bench

ZHOU J

Areas of Law

Civil procedureCommercial law

Keywords

Default judgmentRescissionGood and sufficient causeService of court papers

Key Issues

{"issue_text":"Whether the application for rescission was made within the prescribed time limit of one month","issue_type":"procedural","dispositive":"no","related_facts":"Application filed 23 August 2011, awareness since 25 July 2011"}
{"issue_text":"Whether the applicant has shown good and sufficient cause for rescission of the default judgment","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant abroad when served, improper service, bona fide defence"}
{"issue_text":"Whether the applicant has a bona fide defence on the merits","issue_type":"law","dispositive":"no","related_facts":"Agreement signed as directors of company"}

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background

Facts of the Case

Background

The applicant sought rescission of a default judgment granted against him on 26 May 2011 in case HC 864/11. He became aware of the judgment on 25 July 2011 when served with a notice of attachment. The application was instituted on 23 August 2011. The first respondent opposed the application arguing it was out of time and that the applicant wilfully defaulted.

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