Pazvakavambwa & Anor v Chipira & Ors (HC 4265 of 2005) [2007] ZWHHC 24 (24 April 2007)

Pazvakavambwa & Anor v Chipira & Ors (HC 4265 of 2005) [2007] ZWHHC 24 (24 April 2007)

The application for default judgment was dismissed because the plaintiffs failed to establish a prima facie case and did not comply with procedural requirements for instituting review proceedings, including the correct mode (court application) and time limits.

Citation
[2007] ZWHHC 24
Parties
Applicant: Leonard Gabriel Pazvakavambwa; Applicant: Judith Pazvakavambwa; Respondent: Peter Chipira; Respondent: Tsitsi Chipira; Respondent: City of Harare
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
24 April 2007
Case Number
HC 4265 of 2005
Procedural Posture
Unopposed Motion / Application for Default Judgment
Outcome
application dismissed
Legal Topics
Default Judgment, Review of Administrative Action, Procedure for Review Applications
Source Language
English
Civil Procedure Administrative Law Default Judgment Review of Administrative Action Procedure for Review Applications

Case Brief

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Parties

Leonard Gabriel Pazvakavambwa

Applicant

Judith Pazvakavambwa

Applicant

Peter Chipira

Respondent

Tsitsi Chipira

Respondent

City of Harare

Respondent

Procedural Posture

Unopposed Motion / Application for Default Judgment

Legal Issues

  1. 1 Whether the plaintiffs established a prima facie case for default judgment
  2. 2 Whether the suit was properly brought by way of summons instead of court application for review
  3. 3 Whether the application for review was brought within the prescribed time limit

Ratio Decidendi

The application for default judgment was dismissed because the plaintiffs failed to establish a prima facie case and did not comply with procedural requirements for instituting review proceedings, including the correct mode (court application) and time limits.

Court Disposition

application dismissed

Orders

  • Application for default judgment is dismissed.