Abdul and Another v Assetfin (Private) Limited (284 of 2025) [2025] ZWHHC 284 (2 May 2025)

Abdul and Another v Assetfin (Private) Limited (284 of 2025) [2025] ZWHHC 284 (2 May 2025)

The second applicant lacked locus standi as he was merely a caretaker with no legally enforceable right in the property. The first applicant's application was incurably defective for failing to specify the relevant provisions of the rules and to plead the essential requirements for rescission and joinder. The application was struck off the roll and costs awarded against the first applicant.

Citation
[2025] ZWHHC 284
Parties
First Applicant: Vadee Abdul; Second Applicant: Vimbai Chibiya; Respondent: Assetfin (Private) Limited
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
2 May 2025
Case Number
284 of 2025
Procedural Posture
Opposed Application Rescission of Default Judgment / Ruling on Application for Rescission and Joinder
Outcome
Application struck off the roll (first applicant); application dismissed (second applicant)
Legal Topics
Rescission of Judgment, Joinder of Parties, Eviction, Locus Standi
Source Language
English
Civil Procedure Property Law Rescission of Judgment Joinder of Parties Eviction Locus Standi

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Parties

Vadee Abdul

First Applicant

Vimbai Chibiya

Second Applicant

Assetfin (Private) Limited

Respondent

Procedural Posture

Opposed Application Rescission of Default Judgment / Ruling on Application for Rescission and Joinder

Legal Issues

  1. 1 Whether the second applicant has locus standi to seek rescission of the default judgment
  2. 2 Whether the application is defective for lack of particularity under the rules
  3. 3 Whether the first applicant should be joined to the main action

Ratio Decidendi

The second applicant lacked locus standi as he was merely a caretaker with no legally enforceable right in the property. The first applicant's application was incurably defective for failing to specify the relevant provisions of the rules and to plead the essential requirements for rescission and joinder. The application was struck off the roll and costs awarded against the first applicant.

Court Disposition

Application struck off the roll (first applicant); application dismissed (second applicant)

Orders

  • The second applicant’s application is dismissed with no order as to costs.
  • The first applicant’s application is struck off the roll for being defective.