Brown & Anor v Strydom & Anor (HB 164 of 2015; HC 2998 of 2013; HC 3478 of 2012; HC 525 of 12; HC 669 of 2014; XREF HC 1494 of 2012; XREF HC 2528 of 2012; XREF HC 3471 of 2012) [2015] ZWBHC 164 (29 July 2015)

Brown & Anor v Strydom & Anor (HB 164 of 2015; HC 2998 of 2013; HC 3478 of 2012; HC 525 of 12; HC 669 of 2014; XREF HC 1494 of 2012; XREF HC 2528 of 2012; XREF HC 3471 of 2012) [2015] ZWBHC 164 (29 July 2015)

The application for rescission fails because the judgment was not granted in error; the applicants were served, failed to comply with procedural requirements, and did not provide a reasonable excuse for their delay.

Citation
[2015] ZWBHC 164
Parties
Applicant: Gary Robert Brown; Applicant: Ngoni Mazango; Respondent: Michael Author Strydom; Respondent: Gregory Martin Strydom
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
29 July 2015
Case Number
HB 164 of 2015 ; HC 2998 of 2013 ; HC 3478 of 2012 ; HC 525 of 12 ; HC 669 of 2014 ; XREF HC 1494 of 2012 ; XREF HC 2528 of 2012 ; XREF HC 3471 of 2012
Procedural Posture
Application for Rescission of Judgment / Ruling on Opposed Application
Outcome
application dismissed with costs on a legal practitioner and client scale
Legal Topics
Rescission of Judgment, Abuse of Process, Costs
Source Language
English
Civil Procedure Rescission of Judgment Abuse of Process Costs

Case Brief

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Parties

Gary Robert Brown

Applicant

Ngoni Mazango

Applicant

Michael Author Strydom

Respondent

Gregory Martin Strydom

Respondent

Procedural Posture

Application for Rescission of Judgment / Ruling on Opposed Application

Legal Issues

  1. 1 Whether the judgment granted on 8 November 2013 was erroneously granted and subject to rescission under Order 49 rule 449 of the High Court Rules, 1971
  2. 2 Whether the applicants provided sufficient grounds for rescission

Ratio Decidendi

The application for rescission fails because the judgment was not granted in error; the applicants were served, failed to comply with procedural requirements, and did not provide a reasonable excuse for their delay.

Court Disposition

application dismissed with costs on a legal practitioner and client scale

Orders

  • Application dismissed with costs on a legal practitioner and client scale.