Tachi v Shamuyarira (HC 432 of 2017; HH 81 of 2017) [2017] ZWHHC 81 (1 February 2017)

Tachi v Shamuyarira (HC 432 of 2017; HH 81 of 2017) [2017] ZWHHC 81 (1 February 2017)

The applicant is entitled to a stay of execution of the default judgment because he has a pending rescission application and was improperly denied access to the Magistrates Court to seek a stay; justice demands that he not be left without remedy.

Citation
[2017] ZWHHC 81
Parties
Applicant: Blessed Tachi; Respondent: Lynet Shamuyarira
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
1 February 2017
Case Number
HC 432 of 2017 ; HH 81 of 2017
Procedural Posture
Urgent Chamber Application / Ruling on Provisional Order Pending Rescission Application
Outcome
Provisional order granted as amended
Legal Topics
Maintenance, Stay of Execution, Rescission of Judgment
Source Language
English
Family Law Civil Procedure Maintenance Stay of Execution Rescission of Judgment

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Parties

Blessed Tachi

Applicant

Lynet Shamuyarira

Respondent

Procedural Posture

Urgent Chamber Application / Ruling on Provisional Order Pending Rescission Application

Legal Issues

  1. 1 Whether the applicant is entitled to a stay of execution of a maintenance order pending determination of an application for rescission of default judgment
  2. 2 Whether the refusal by Magistrates Court clerks to file the application was proper

Ratio Decidendi

The applicant is entitled to a stay of execution of the default judgment because he has a pending rescission application and was improperly denied access to the Magistrates Court to seek a stay; justice demands that he not be left without remedy.

Court Disposition

Provisional order granted as amended

Orders

  • Execution of default judgment in Case No. M5021/16 stayed in part pending determination of rescission application
  • Applicant to pay US$100.00 per month pending determination of rescission application