Danbro Holdings (Pvt) Ltd. & Anor v Manyange & Ors (HC 14578 of 2012; HC 6876 of 2007; HH 363 of 2016; REF HH 376 of 2013) [2016] ZWHHC 363 (15 June 2016)

Danbro Holdings (Pvt) Ltd. & Anor v Manyange & Ors (HC 14578 of 2012; HC 6876 of 2007; HH 363 of 2016; REF HH 376 of 2013) [2016] ZWHHC 363 (15 June 2016)

The default judgment was set aside because service of process was not effected at the applicants' place of business nor on an authorised officer, rendering the judgment void for procedural irregularity. The application for rescission was brought within a reasonable time after the applicants became aware of the judgment.

Citation
[2016] ZWHHC 363
Parties
Applicant: Danbro Holdings (Pvt) Ltd; Applicant: Arlington Joint Venture; Respondent: Innocent Manyange; Respondent: Sakutukwa & Partners; Respondent: Registrar of Deeds
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
15 June 2016
Case Number
HC 14578 of 2012 ; HC 6876 of 2007 ; HH 363 of 2016 ; REF HH 376 of 2013
Procedural Posture
Application for Rescission of Default Judgment / Judgment on Opposed Application for Rescission
Outcome
Application for rescission of default judgment granted
Legal Topics
Rescission of Judgment, Default Judgment, Service of Process, Fraud, High Court Rules
Source Language
English
Civil Procedure Rescission of Judgment Default Judgment Service of Process Fraud High Court Rules

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Danbro Holdings (Pvt) Ltd

Applicant

Arlington Joint Venture

Applicant

Innocent Manyange

Respondent

Sakutukwa & Partners

Respondent

Registrar of Deeds

Respondent

Procedural Posture

Application for Rescission of Default Judgment / Judgment on Opposed Application for Rescission

Legal Issues

  1. 1 Whether the default judgment should be set aside for defective service
  2. 2 Whether the application for rescission was brought within a reasonable time
  3. 3 Whether fraud was established as a basis for rescission

Ratio Decidendi

The default judgment was set aside because service of process was not effected at the applicants' place of business nor on an authorised officer, rendering the judgment void for procedural irregularity. The application for rescission was brought within a reasonable time after the applicants became aware of the judgment.

Court Disposition

Application for rescission of default judgment granted

Orders

  • Judgment entered in default against the 1st and 2nd applicants in case no. HC 6876/07 is set aside.
  • The 1st and 2nd applicants shall file their opposing papers in Case No. HC 6876/07 within 10 days of the granting of this order.