Interest Investments (Pvt) Ltd and Another v ZB Bank Limited (87 of 2023) [2023] ZWHHC 87 (6 February 2023)

Interest Investments (Pvt) Ltd and Another v ZB Bank Limited (87 of 2023) [2023] ZWHHC 87 (6 February 2023)

The application for rescission is dismissed because the applicants failed to make the application within a reasonable time, having delayed for nine years after knowledge of the judgment, and there was no error in the granting of the default judgment.

Citation
[2023] ZWHHC 87
Parties
Applicant: Interfrest Investments (Pvt) Ltd; Applicant: Ishmael Matafi; Respondent: ZB Bank Limited
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
6 February 2023
Case Number
87 of 2023
Procedural Posture
Opposed Application / Ruling on Application for Rescission of Default Judgment
Outcome
Application dismissed with costs on a legal practitioner and client scale.
Legal Topics
Rescission of Judgment, Default Judgment, Abuse of Process, Credit Facilities
Source Language
English
Civil Procedure Banking Law Rescission of Judgment Default Judgment Abuse of Process Credit Facilities

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Parties

Interfrest Investments (Pvt) Ltd

Applicant

Ishmael Matafi

Applicant

ZB Bank Limited

Respondent

Procedural Posture

Opposed Application / Ruling on Application for Rescission of Default Judgment

Legal Issues

  1. 1 Whether the default judgment was erroneously sought or granted under Rule 449(1)(a) of the High Court Rules, 1971
  2. 2 Whether the application for rescission was made within a reasonable time
  3. 3 Whether the applicants' rights were affected by the judgment

Ratio Decidendi

The application for rescission is dismissed because the applicants failed to make the application within a reasonable time, having delayed for nine years after knowledge of the judgment, and there was no error in the granting of the default judgment.

Court Disposition

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

Orders

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