Marimo v Mpofu (HC 2192 of 2003) [2004] ZWBHC 99 (8 September 2004)

Marimo v Mpofu (HC 2192 of 2003) [2004] ZWBHC 99 (8 September 2004)

Service upon a clerk at the applicant's Bulawayo office was defective because the applicant was physically based in Chivhu, not Bulawayo, at the time of service. Therefore, there was no wilful default and the applicant is entitled to defend the action.

Citation
[2004] ZWBHC 99
Parties
Applicant: Chipo Marimo; Respondent: Sithembile Mpofu
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
8 September 2004
Case Number
HC 2192 of 2003
Procedural Posture
Application for Rescission of Judgment / Judgment
Outcome
application for rescission of judgment allowed
Legal Topics
Service of Process, Rescission of Judgment, Default Judgment
Source Language
English
Civil Procedure Service of Process Rescission of Judgment Default Judgment

Case Brief

Summary, issues, holding and outcome

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Parties

Chipo Marimo

Applicant

Sithembile Mpofu

Respondent

Procedural Posture

Application for Rescission of Judgment / Judgment

Legal Issues

  1. 1 Whether service of court process on a person not physically present at the place of employment is proper service under the rules
  2. 2 Whether the applicant was in wilful default

Ratio Decidendi

Service upon a clerk at the applicant's Bulawayo office was defective because the applicant was physically based in Chivhu, not Bulawayo, at the time of service. Therefore, there was no wilful default and the applicant is entitled to defend the action.

Court Disposition

application for rescission of judgment allowed

Orders

  • Application succeeds with costs.