Masamba v JSC Secretary (HC 1511 of 2016; HH 97 of 2017) [2017] ZWHHC 97 (10 February 2017)

Masamba v JSC Secretary (HC 1511 of 2016; HH 97 of 2017) [2017] ZWHHC 97 (10 February 2017)

The applicant failed to establish any patent error or omission justifying rescission, variation or correction of the judgment under Rule 449. The matters raised were for appeal or review, not for rescission. The application was without merit and an abuse of process.

Citation
[2017] ZWHHC 97
Parties
Applicant: Ignatius Masamba; Respondent: Secretary – Judicial Service Commission
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
10 February 2017
Case Number
HC 1511 of 2016 ; HH 97 of 2017
Procedural Posture
Application for Rescission/variation/correction of Judgment / Ruling on Opposed Application
Outcome
Application dismissed with costs on a higher scale
Legal Topics
Rescission of Judgment, Rule 449 High Court Rules, Correction of Errors in Judgments
Source Language
English
Civil Procedure Rescission of Judgment Rule 449 High Court Rules Correction of Errors in Judgments

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 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Ignatius Masamba

Applicant

Secretary – Judicial Service Commission

Respondent

Procedural Posture

Application for Rescission/variation/correction of Judgment / Ruling on Opposed Application

Legal Issues

  1. 1 Whether the applicant established grounds for rescission, variation or correction of judgment under Rule 449 of the High Court Rules, 1971
  2. 2 Whether the alleged errors or omissions in the judgment justified rescission of the entire judgment

Ratio Decidendi

The applicant failed to establish any patent error or omission justifying rescission, variation or correction of the judgment under Rule 449. The matters raised were for appeal or review, not for rescission. The application was without merit and an abuse of process.

Court Disposition

Application dismissed with costs on a higher scale

Orders

  • The application is dismissed with costs on a higher scale.