rescissiondefault judgmentservice of processprovisional orderurgent application
Tags
rescission of judgmentdefault judgmentprocedural irregularity
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 default judgment was erroneously granted in violation of High Court Rules","issue_type":"procedural","dispositive":"yes","related_facts":"No proof of service after removal from urgent roll; matter set down without notice"}
{"issue_text":"Whether a judge can grant a provisional order in motion court after another judge declined in chambers","issue_type":"procedural","dispositive":"no","related_facts":"Makoni J refused provisional order; motion court granted same order"}
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background
Facts of the Case
Background
The respondent obtained a default judgment against applicants after improperly setting down an urgent chamber application on the unopposed roll without proper service, after Makoni J had previously ruled the matter was not urgent. Applicants sought rescission of this default judgment.
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