Local Authorities Pension Fund v Trust Me Security (Pvt) Ltd (HC 5757 of 2014) [2015] ZWHHC 340 (31 March 2015)

Local Authorities Pension Fund v Trust Me Security (Pvt) Ltd (HC 5757 of 2014) [2015] ZWHHC 340 (31 March 2015)

The default judgment was erroneously granted by chamber application instead of being set down for judgment in open court as required by the rules for non-liquid claims where the defendant has entered appearance and been barred. The applicant was not in wilful default, and there was a bona fide dispute regarding the amount claimed.

Citation
[2015] ZWHHC 340
Parties
Applicant: Local Authorities Pension Fund; Respondent: Trust Me Security Organisation (Pvt) Ltd
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
31 March 2015
Case Number
HC 5757 of 2014
Procedural Posture
Opposed Application / Application for Rescission of Default Judgment
Outcome
application granted
Legal Topics
Rescission of Default Judgment, Default Judgment Procedure, Liquidated Claims, Pleadings, Costs
Source Language
English
Civil Procedure Rescission of Default Judgment Default Judgment Procedure Liquidated Claims Pleadings Costs

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Parties

Local Authorities Pension Fund

Applicant

Trust Me Security Organisation (Pvt) Ltd

Respondent

Procedural Posture

Opposed Application / Application for Rescission of Default Judgment

Legal Issues

  1. 1 Whether the default judgment was erroneously granted and should be rescinded
  2. 2 Whether the applicant was in wilful default
  3. 3 Whether the respondent was entitled to default judgment by chamber application

Ratio Decidendi

The default judgment was erroneously granted by chamber application instead of being set down for judgment in open court as required by the rules for non-liquid claims where the defendant has entered appearance and been barred. The applicant was not in wilful default, and there was a bona fide dispute regarding the amount claimed.

Court Disposition

application granted

Orders

  • The default judgment granted on 5 June 2014 under Case No 1637/14 is rescinded.
  • The respondent is ordered to furnish the applicant with the requested further particulars within 10 days.