Golden Reef Mining (Pvt) Ltd & Anor v Mnjiya Consulting Engineers (Pvt) Ltd (HC 1921 of 2015; Ref HC 11024 of 2014) [2015] ZWHHC 680 (4 August 2015)

Golden Reef Mining (Pvt) Ltd & Anor v Mnjiya Consulting Engineers (Pvt) Ltd (HC 1921 of 2015; Ref HC 11024 of 2014) [2015] ZWHHC 680 (4 August 2015)

Service of summons at the address chosen as domicilium citandi et executandi in the Joint Venture Agreement was proper, and applicants failed to provide a reasonable explanation for default or demonstrate a bona fide defence with prospects of success.

Citation
[2015] ZWHHC 680
Parties
Applicant: Golden Reef Mining (Private) Limited; Applicant: Ferbit Investments (Private) Limited; Respondent: Mnjiya Consulting Engineers (Private) Limited
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
4 August 2015
Case Number
HC 1921 of 2015 ; Ref HC 11024 of 2014
Procedural Posture
Opposed Application / Ruling on Application for Rescission of Default Judgment
Outcome
Application for rescission of default judgment dismissed with costs.
Legal Topics
Rescission of Default Judgment, Service of Process, Joint Venture Agreements, Acknowledgment of Debt
Source Language
English
Civil Procedure Contract Law Rescission of Default Judgment Service of Process Joint Venture Agreements Acknowledgment of Debt

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Parties

Golden Reef Mining (Private) Limited

Applicant

Ferbit Investments (Private) Limited

Applicant

Mnjiya Consulting Engineers (Private) Limited

Respondent

Procedural Posture

Opposed Application / Ruling on Application for Rescission of Default Judgment

Legal Issues

  1. 1 Whether service of summons was proper at the chosen domicilium citandi et executandi
  2. 2 Whether applicants provided a reasonable explanation for default
  3. 3 Whether applicants have a bona fide defence with prospects of success

Ratio Decidendi

Service of summons at the address chosen as domicilium citandi et executandi in the Joint Venture Agreement was proper, and applicants failed to provide a reasonable explanation for default or demonstrate a bona fide defence with prospects of success.

Court Disposition

Application for rescission of default judgment dismissed with costs.

Orders

  • Application for rescission of default judgment is dismissed with costs.