Cranswick v Ret. Major General Bonyongwe (HC 13579 of 2012) [2015] ZWHHC 184 (24 February 2015)

Cranswick v Ret. Major General Bonyongwe (HC 13579 of 2012) [2015] ZWHHC 184 (24 February 2015)

Good and sufficient cause was established as the applicant was not aware of the set down date, acted promptly, and raised a bona fide defence warranting investigation. The matter was not res judicata as the facts relevant to the instant application were not previously determined.

Citation
[2015] ZWHHC 184
Parties
Applicant: Andrew Noel Cranswick; Respondent: Retired Major General Happyton Bonyongwe
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
24 February 2015
Case Number
HC 13579 of 2012
Procedural Posture
Opposed Application / Application to Set Aside Default Judgment
Outcome
Application allowed; default judgment set aside; plea reinstated.
Legal Topics
Rescission of Judgment, Default Judgment, Defamation, Damages
Source Language
English
Civil Procedure Rescission of Judgment Default Judgment Defamation Damages

Case Brief

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Parties

Andrew Noel Cranswick

Applicant

Retired Major General Happyton Bonyongwe

Respondent

Procedural Posture

Opposed Application / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the default judgment should be set aside under Order 9 Rule 63
  2. 2 Whether good and sufficient cause has been established for rescission
  3. 3 Whether the matter is res judicata

Ratio Decidendi

Good and sufficient cause was established as the applicant was not aware of the set down date, acted promptly, and raised a bona fide defence warranting investigation. The matter was not res judicata as the facts relevant to the instant application were not previously determined.

Court Disposition

Application allowed; default judgment set aside; plea reinstated.

Orders

  • The order granted in Case No. HC 275/11 in default of the applicant on 16 November 2012 is set aside.
  • The applicant’s plea in Case No. HC 275/11 is reinstated and the matter shall proceed to the pre-trial conference stage.