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Harare High Court
John Lennos Makoni and Hinplough (Private) Limited v Fairful Investments (Private) Limited
HH 89-18
Case Details
Court
Harare High Court
Date
28 February 2018
Citation
HH 89-18
Neutral Citation
[2018] ZWHH 89
Outcome
unknown
Case Type
Application
Bench
Presiding
TAGU J
Full Bench
TAGU J
Areas of Law
Civil ProcedureCommercial Law
Keywords
Rescission of judgmentDefault judgmentService of summonsDomicilium citandi et executandi
Tags
Default judgmentRescission applicationService of process
legislation
Statutes Cited
- High Court Rules 1971
- High Court Rules 1971
- High Court Rules 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicants have shown good and sufficient cause for rescission of default judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Service of summons, applicants' awareness of proceedings, existence of bona fide defense"}
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background
Facts of the Case
Background
The applicants sought rescission of a default judgment granted against them in 2016, claiming they were unaware of the proceedings because the first applicant had moved to Mozambique and the second applicant had vacated its registered address. The respondent opposed, arguing valid service was effected and the applicants knew of their liability through ongoing correspondence about the debt.
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