Glickmate Enterprises (Pvt) Ltd v Alouvire (Pvt) Ltd (CIV A 119 of 2017; HH 127 of 2020) [2020] ZWHHC 127 (19 February 2020)
The appellant was in wilful default, and the explanation for absence was not reasonable or supported by evidence. The magistrate correctly applied the law by refusing rescission without considering the merits of the defence.
- Citation
- [2020] ZWHHC 127
- Parties
- Appellant: GLICKMATE ENTERPRISES (PVT) LTD; Respondent: ALOUVINE (PVT) LTD
- Court
- Harare High Court
- Jurisdiction
- Zimbabwe
- Judgment Date
- 19 February 2020
- Case Number
- CIV A 119 of 2017 ; HH 127 of 2020
- Procedural Posture
- Civil Appeal / Judgment on Appeal
- Outcome
- appeal dismissed with costs
- Legal Topics
- Rescission of Default Judgment, Wilful Default, Appellate Review
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
GLICKMATE ENTERPRISES (PVT) LTD
Appellant
ALOUVINE (PVT) LTD
Respondent
Procedural Posture
Civil Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the magistrate erred in dismissing the application for rescission of default judgment on the basis of wilful default
- 2 Whether the explanation for default was reasonable and acceptable
- 3 Whether the court a quo failed to consider prospects of success
Ratio Decidendi
The appellant was in wilful default, and the explanation for absence was not reasonable or supported by evidence. The magistrate correctly applied the law by refusing rescission without considering the merits of the defence.
Court Disposition
appeal dismissed with costs
Orders
- Appeal dismissed with costs.
Full Case Text
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