Masuku & Anor v Mtetwa & Anor (HC 3376 of 2014) [2015] ZWHHC 288 (19 March 2015)

Masuku & Anor v Mtetwa & Anor (HC 3376 of 2014) [2015] ZWHHC 288 (19 March 2015)

Rescission of judgment is appropriate where default was not wilful and the applicants have shown a determination to argue their case; fairness requires all parties to have their day in court.

Citation
[2015] ZWHHC 288
Parties
Applicant: Claudius Masuku; Applicant: Ignatius Pamire; Respondent: Stanley Mtetwa; Respondent: The Registrar of Deed
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
19 March 2015
Case Number
HC 3376 of 2014
Procedural Posture
Opposed Application / Application for Rescission of Default Judgment
Outcome
Application for rescission of judgment granted
Legal Topics
Rescission of Judgment, Default Judgment, Ownership Dispute, Costs
Source Language
English
Civil Procedure Property Law Rescission of Judgment Default Judgment Ownership Dispute Costs

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Parties

Claudius Masuku

Applicant

Ignatius Pamire

Applicant

Stanley Mtetwa

Respondent

The Registrar of Deed

Respondent

Procedural Posture

Opposed Application / Application for Rescission of Default Judgment

Legal Issues

  1. 1 Whether the default judgment should be rescinded
  2. 2 Whether the applicants had a bona fide defence to the claim on merits

Ratio Decidendi

Rescission of judgment is appropriate where default was not wilful and the applicants have shown a determination to argue their case; fairness requires all parties to have their day in court.

Court Disposition

Application for rescission of judgment granted

Orders

  • Rescission of judgment is granted
  • Costs to be costs in the cause