PETER DUBE v PARKVIEW WEIZMAN SPORTS CLUB

HB 230/20

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Case Details

Court

Bulawayo High Court

Date

22 October 2020

Citation

HB 230/20

Neutral Citation

[2020] ZWHB 230

Outcome

unknown

Case Type

Application

Bench

Presiding

KABASA J

Full Bench

KABASA J

Areas of Law

Civil ProcedureProperty Law

Keywords

rescissiondefault judgmentRule 449erroneous judgmentevictionnotice of intention to bar

Key Issues

{"issue_text":"Whether default judgment was erroneously granted after plea had been filed","issue_type":"procedural","dispositive":"yes","related_facts":"Plea filed 13 June 2019, bar effected 13 June 2019, judgment granted 20 June 2019"}
{"issue_text":"Whether claim for eviction and holding over damages required court application rather than chamber application","issue_type":"procedural","dispositive":"no","related_facts":"Claim included holding over damages, judgment sought in chambers"}
{"issue_text":"Whether applicant needed to seek upliftment of bar before applying for rescission","issue_type":"procedural","dispositive":"no","related_facts":"Judgment already entered, applicant barred"}

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Facts of the Case

Background

The applicant sought rescission of a default judgment granted against him in an eviction case, arguing that the judgment was erroneously granted after he had filed a plea on the same day the respondent purported to bar him, and that the claim required a court application rather than a chamber application.

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