Sockrain Investments (Pvt) Ltd v Kingcash Finance (Pvt) Ltd

HH 549-18

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Case Details

Court

Harare High Court

Date

19 September 2018

Citation

HH 549-18

Neutral Citation

[2018] ZWHH 549

Outcome

unknown

Case Type

Application

Bench

Presiding

TAGU J

Full Bench

TAGU J

Areas of Law

Banking & FinanceCivil Procedure

Keywords

rescission of default judgmentwilful defaultusurious interestlegal practitioner negligence

Key Issues

{"issue_text":"Whether applicant was in wilful default","issue_type":"mixed","dispositive":"yes","related_facts":"Service of notice on former lawyers, renunciation of agency, failure to notify applicant"}
{"issue_text":"Whether the application for rescission is bona fide","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's explanation blaming former lawyers"}
{"issue_text":"Whether applicant has prospects of success on merits","issue_type":"law","dispositive":"yes","related_facts":"Defence that interest was usurious"}

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background

Facts of the Case

Background

The applicant sought rescission of a default judgment granted on 19 July 2017, claiming its former legal practitioners failed to notify it of the trial set down date after renouncing agency. The respondent opposed, arguing the applicant was wilfully in default and had been notified to collect the notice of set down.

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