Zimbabwe Electricity Transmission and Distribution Company v John Dembaremba & 11 Others

Key Issues

• {"issue_text":"Whether good and sufficient cause has been established for rescission of default judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Length of delay, reasons for default, prospects of success, balance of convenience"}
• {"issue_text":"Whether the applicant had an obligation to file heads of argument when the notice of response was filed out of time","issue_type":"law","dispositive":"yes","related_facts":"Notice of response filed out of time, heads of argument not filed"}
• {"issue_text":"Whether the application for default judgment should have been heard without respondents showing good cause for filing response out of time","issue_type":"law","dispositive":"yes","related_facts":"Response filed out of time, application granted in chambers"}
• {"issue_text":"Whether time for filing heads of argument can begin to run without record of proceedings","issue_type":"law","dispositive":"yes","related_facts":"No record of proceedings available at time heads of argument were due"}
• {"issue_text":"Whether applicant was denied right to be heard at arbitration","issue_type":"fact","dispositive":"yes","related_facts":"Arbitrator's conduct of hearing, document disclosure"}
• {"issue_text":"Whether arbitrator should have recused himself","issue_type":"fact","dispositive":"yes","related_facts":"Recusal request made after award finalized"}

Background