Davies and Anor v Pocklighton and Anor and Anor (HC 1355 of 2000) [2004] ZWBHC 149 (8 December 2004)

The defendants failed to provide a valid reason for postponement, misled the court regarding their whereabouts, and attempted to delay proceedings. The court found this conduct warranted entry of judgment against them and punitive costs.

Citation: [2004] ZWBHC 149
Parties: Plaintiff: Lesley Ann Morris-Davies; Plaintiff: Ruth Angela Frangcon Hod; Defendant: Eric B Pocklington; Defendant: Vivien Pocklington
Court: Bulawayo High Court
Jurisdiction: Zimbabwe
Judgment Date: 8 December 2004
Case Number: HC 1355 of 2000
Procedural Posture: Civil / Judgment After Trial
Outcome: judgment for plaintiffs
Legal Topics: Postponement of Trial, Default Judgment, Costs, Illness of Party, Enforcement of Referee's Report
Source Language: English

Civil Procedure Contract Postponement of Trial Default Judgment Costs Illness of Party Enforcement of Referee's Report

Case Brief

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Parties

Lesley Ann Morris-Davies

Plaintiff

Ruth Angela Frangcon Hod

Plaintiff

Eric B Pocklington

Defendant

Vivien Pocklington

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

1 Whether the defendants' application for postponement due to illness was justified
2 Whether default judgment should be entered against the defendants
3 Appropriate scale of costs

Ratio Decidendi

Court Disposition

judgment for plaintiffs

Orders

Judgment entered jointly and severally against the defendants for payment of 50% of $3,390.00 with interest from 1 April 1994 to date of payment in full and 50% of $146,100.00 with interest from 1 January 1995 to date of payment in full.
Mr R M McIndoe declared a necessary witness; costs of his report to be borne jointly and severally by defendants.