Zindi v Zimbabwe Farmers Development Company Ltd (HC 2610 of 2014) [2015] ZWHHC 309 (24 March 2015)

Zindi v Zimbabwe Farmers Development Company Ltd (HC 2610 of 2014) [2015] ZWHHC 309 (24 March 2015)

The default judgment was erroneously granted as the applicant was not properly served and was unaware of the proceedings due to her relocation, a material fact not before the court at the time of judgment. Rule 449 allows rescission in such circumstances without inquiry into good cause.

Citation
[2015] ZWHHC 309
Parties
Applicant: Irene Zindi; Respondent: Zimbabwe Farmers Development Company Limited
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
24 March 2015
Case Number
HC 2610 of 2014
Procedural Posture
Opposed Application / Ruling on Application for Rescission of Default Judgment
Outcome
Application for rescission of judgment granted
Legal Topics
Rescission of Judgment, Default Judgment, Service of Process
Source Language
English
Civil Procedure Rescission of Judgment Default Judgment Service of Process

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Parties

Irene Zindi

Applicant

Zimbabwe Farmers Development Company Limited

Respondent

Procedural Posture

Opposed Application / Ruling on Application for Rescission of Default Judgment

Legal Issues

  1. 1 Whether the default judgment was erroneously granted in the absence of the applicant under Rule 449
  2. 2 Whether proper service of summons was effected on the applicant

Ratio Decidendi

The default judgment was erroneously granted as the applicant was not properly served and was unaware of the proceedings due to her relocation, a material fact not before the court at the time of judgment. Rule 449 allows rescission in such circumstances without inquiry into good cause.

Court Disposition

Application for rescission of judgment granted

Orders

  • The order granted under HC 1525/11 is set aside.
  • The applicant is given leave to file her plea within 10 days of this order.