Manase v Anex Investments (Private) Limited (498 of 2023) [2023] ZWHHC 590 (12 September 2023)

Manase v Anex Investments (Private) Limited (498 of 2023) [2023] ZWHHC 590 (12 September 2023)

The applicant failed to provide a reasonable and acceptable explanation for default and did not rebut the presumption of proper service. No bona fide prima facie defence was established. The default judgment was not granted in error. The application for rescission was therefore dismissed.

Citation
[2023] ZWHHC 590
Parties
Applicant: Aretha Manase; Respondent: Anex Investments (Private) Limited
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
12 September 2023
Case Number
498 of 2023
Procedural Posture
Opposed Application / Ruling on Application to Set Aside Default Judgment
Outcome
Application dismissed
Legal Topics
Rescission of Default Judgment, Service of Process, Lease Agreements, Eviction
Source Language
English
Civil Procedure Landlord and Tenant Rescission of Default Judgment Service of Process Lease Agreements Eviction

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Parties

Aretha Manase

Applicant

Anex Investments (Private) Limited

Respondent

Procedural Posture

Opposed Application / Ruling on Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the applicant established good and sufficient cause for rescission of default judgment
  2. 2 Whether the default judgment was granted in error and in the absence of the applicant
  3. 3 Whether the applicant had a bona fide prima facie defence

Ratio Decidendi

The applicant failed to provide a reasonable and acceptable explanation for default and did not rebut the presumption of proper service. No bona fide prima facie defence was established. The default judgment was not granted in error. The application for rescission was therefore dismissed.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.
  • The applicant shall pay the respondent’s costs of suit.