CBZ Bank Ltd. v Ziyambi & Ors (HC 4857 of 2015; HH 74 of 2017) [2017] ZWHHC 74 (8 February 2017)

CBZ Bank Ltd. v Ziyambi & Ors (HC 4857 of 2015; HH 74 of 2017) [2017] ZWHHC 74 (8 February 2017)

Default judgment can only be granted against defendants properly served in accordance with the rules; defective service invalidates proceedings against those not properly served. Judgment is granted only against defendants where personal service was effected.

Citation
[2017] ZWHHC 74
Parties
Plaintiff: CBZ Limited; Defendant: Ziyambi Ziyambi; Defendant: Susan Masvosve; Defendant: Evangelista Munyuki; Defendant: Tsitsi Chiwawa; Defendant: Brenda Chirwa; Defendant: Innocent Majaya; Defendant: Tafadzwa Ziyambi; Defendant: Joseph Ziyambi; Defendant: Fanikiso Ndaba; Defendant: Noel Munyuki; Defendant: Lazarus Ziyambi; Defendant: Dingani Kana; Defendant: Sibongile Hoja; Defendant: Wurayayi Ziyambi; Defendant: Rebecca Nyamukachi
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
8 February 2017
Case Number
HC 4857 of 2015 ; HH 74 of 2017
Procedural Posture
Civil / Chamber Application for Default Judgment
Outcome
partially granted
Legal Topics
Default Judgment, Service of Process, Loan Recovery, Pleadings Amendment
Source Language
English
Civil Procedure Banking Law Default Judgment Service of Process Loan Recovery Pleadings Amendment

Case Brief

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Parties

CBZ Limited

Plaintiff

Ziyambi Ziyambi

Defendant

Susan Masvosve

Defendant

Evangelista Munyuki

Defendant

Tsitsi Chiwawa

Defendant

Brenda Chirwa

Defendant

Innocent Majaya

Defendant

Tafadzwa Ziyambi

Defendant

Joseph Ziyambi

Defendant

Fanikiso Ndaba

Defendant

Noel Munyuki

Defendant

Lazarus Ziyambi

Defendant

Dingani Kana

Defendant

Sibongile Hoja

Defendant

Wurayayi Ziyambi

Defendant

Rebecca Nyamukachi

Defendant

Procedural Posture

Civil / Chamber Application for Default Judgment

Legal Issues

  1. 1 Whether service of process was properly effected on all defendants
  2. 2 Whether the plaintiff is entitled to default judgment for the claimed sums
  3. 3 Effect of defective service on validity of proceedings

Ratio Decidendi

Default judgment can only be granted against defendants properly served in accordance with the rules; defective service invalidates proceedings against those not properly served. Judgment is granted only against defendants where personal service was effected.

Court Disposition

partially granted

Orders

  • Judgment for the plaintiff against 1st, 5th, 6th, 10th, and 12th defendants for capital, interest, costs, and charges as specified.
  • Plaintiff at liberty to properly serve other defendants not covered by this order.