Marovatsanga v Chiwaridzo & Ors (HC 9534 of 2014) [2015] ZWHHC 532 (16 June 2015)

Marovatsanga v Chiwaridzo & Ors (HC 9534 of 2014) [2015] ZWHHC 532 (16 June 2015)

The court held that the dismissal order issued in the absence of the applicant can be rescinded under rule 63, as the overriding consideration is to do real and substantial justice rather than adhere to technicalities. The preliminary objection is unsustainable and is overruled.

Source-derived case information.

Citation
[2015] ZWHHC 532
Parties
Applicant: Abel Shonhiwa Marovatsanga; Respondent: Reddie Chiwaridzo; Respondent: Angeline Chiwaridzo; Respondent: City of Harare
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
16 June 2015
Case Number
HC 9534 of 2014
Procedural Posture
Opposed Application / Ruling on Preliminary Objection (objection in Limine) Regarding Rescission of Default Order
Outcome
Objection in limine overruled
Legal Topics
Rescission of Judgment, Default Judgment, Absolution From the Instance, Interpretation of Court Rules
Source Language
english
Civil Procedure Rescission of Judgment Default Judgment Absolution From the Instance Interpretation of Court Rules

Source-derived case record

Summary, issues, holding and outcome

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Parties

Abel Shonhiwa Marovatsanga

Applicant

Reddie Chiwaridzo

Respondent

Angeline Chiwaridzo

Respondent

City of Harare

Respondent

Procedural Posture

Opposed Application / Ruling on Preliminary Objection (objection in Limine) Regarding Rescission of Default Order

Legal Issues

  1. 1 Whether a dismissal order issued in the absence of the plaintiff can be rescinded under rule 63
  2. 2 Whether the order amounts to a default judgment or absolution from the instance

Ratio Decidendi

The court held that the dismissal order issued in the absence of the applicant can be rescinded under rule 63, as the overriding consideration is to do real and substantial justice rather than adhere to technicalities. The preliminary objection is unsustainable and is overruled.

Court Disposition

Objection in limine overruled

Orders

  • The preliminary objection is overruled.