Ndelema & Six Ors v Agro Innovations (HC 5268 of 2014) [2015] ZWHHC 342 (30 March 2015)

Ndelema & Six Ors v Agro Innovations (HC 5268 of 2014) [2015] ZWHHC 342 (30 March 2015)

The application was not properly served on the respondent in accordance with Rule 39(2)(d), and therefore default judgment cannot be granted.

Citation
[2015] ZWHHC 342
Parties
Applicant: Denny Ndelema and Six Others; Respondent: Agro Innovations
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
30 March 2015
Case Number
HC 5268 of 2014
Procedural Posture
Chamber Application / Application for Default Judgment for Registration of Arbitral Award
Outcome
Application for default judgment refused
Legal Topics
Service of Process, Default Judgment, Arbitral Award Registration
Source Language
English
Civil Procedure Service of Process Default Judgment Arbitral Award Registration

Case Brief

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Parties

Denny Ndelema and Six Others

Applicant

Agro Innovations

Respondent

Procedural Posture

Chamber Application / Application for Default Judgment for Registration of Arbitral Award

Legal Issues

  1. 1 Whether service of the chamber application on the respondent was proper under the court rules
  2. 2 Whether default judgment for registration of arbitral award can be granted in absence of proper service

Ratio Decidendi

The application was not properly served on the respondent in accordance with Rule 39(2)(d), and therefore default judgment cannot be granted.

Court Disposition

Application for default judgment refused