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Harare High Court
Spectron Motors and Topridge (Pvt) Ltd and Society Union Limited and Vena Kufa and Caroline Matarutse v Yusuf Ali Adam (In his capacity as the Executor Dative in Estate Late HH Moosa DR 70/97)
HH 855-17
Case Details
Court
Harare High Court
Date
29 December 2017
Citation
HH 855-17
Neutral Citation
[2017] ZWHH 855
Outcome
unknown
Case Type
Application
Bench
Presiding
Mangota J
Full Bench
Mangota J
Areas of Law
Civil ProcedureHigh Court Rules
Keywords
rescissiondefault judgmentreinstatementprocedural defectcondonation
Tags
rescission of judgmentdefault judgmentprocedural irregularity
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicants can reinstate a fatally defective rescission application instead of filing fresh application","issue_type":"procedural","dispositive":"yes","related_facts":"HC 3179/15 struck off as fatally defective, applicants filed reinstatement 5-6 months later"}
- {"issue_text":"Whether applicants needed condonation for late filing","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed out of time under Rule 63, no condonation sought"}
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background
Facts of the Case
Background
The applicants sought reinstatement of their application for rescission of default judgment. The original application (HC 3179/15) was struck off the roll on 17 September 2015 because the default judgment sought to be rescinded was found to be a nullity. After the default judgment was corrected on 9 November 2015, the applicants attempted to reinstate the defective rescission application instead of filing a fresh one, and failed to apply for condonation for late filing.
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