Mufundisi v Rusere (HC 6281 of 2008) [2008] ZWHHC 1022 (5 November 2008)

The ex parte provisional order was rescinded because it was granted without affording the respondent an opportunity to be heard, contrary to the rules of natural justice and procedural fairness.

Citation: [2008] ZWHHC 1022
Parties: Applicant: Jonah Mufundisi; Respondent: Gloria Rusere
Court: Harare High Court
Jurisdiction: Zimbabwe
Judgment Date: 5 November 2008
Case Number: HC 6281 of 2008
Procedural Posture: Urgent Chamber Application / Ruling on Rescission of Ex Parte Provisional Order
Outcome: Provisional order rescinded; leave granted to applicant to set matter afresh; no order as to costs.
Legal Topics: Ex Parte Orders, Rescission of Judgment, Natural Justice, Service of Process
Source Language: English

Civil Procedure Ex Parte Orders Rescission of Judgment Natural Justice Service of Process

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Parties

Jonah Mufundisi

Applicant

Gloria Rusere

Respondent

Procedural Posture

Urgent Chamber Application / Ruling on Rescission of Ex Parte Provisional Order

Legal Issues

1 Whether the ex parte provisional order should be rescinded for failure to hear the respondent
2 Whether the applicant's counsel's refusal to accept service was proper

Ratio Decidendi

The ex parte provisional order was rescinded because it was granted without affording the respondent an opportunity to be heard, contrary to the rules of natural justice and procedural fairness.

Court Disposition

Provisional order rescinded; leave granted to applicant to set matter afresh; no order as to costs.

Orders

The provisional order granted ex parte on 27 October 2008 is rescinded.
The applicant is given leave to set the matter afresh if he so desires.