Masimba v Chado (HC 8685 of 2017; HH 27 of 2020) [2020] ZWHHC 27 (15 January 2020)
The applicant was not in wilful default, having taken active steps to defend the proceedings, and demonstrated prospects of success in the main action. Good and sufficient cause for rescission was established.
- Citation
- [2020] ZWHHC 27
- Parties
- Applicant: McDonald Masimba; Respondent: Chiedza Chado
- Court
- Harare High Court
- Jurisdiction
- Zimbabwe
- Judgment Date
- 15 January 2020
- Case Number
- HC 8685 of 2017 ; HH 27 of 2020
- Procedural Posture
- Application for Rescission of Judgment / Ruling on Application for Rescission of Default Judgment
- Outcome
- application for rescission of judgment granted
- Legal Topics
- Rescission of Judgment, Default Judgment, Good and Sufficient Cause, Prospects of Success
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
McDonald Masimba
Applicant
Chiedza Chado
Respondent
Procedural Posture
Application for Rescission of Judgment / Ruling on Application for Rescission of Default Judgment
Legal Issues
- 1 Whether the applicant has shown good and sufficient cause for rescission of the default judgment
- 2 Whether the applicant was in wilful default
- 3 Whether the applicant has prospects of success in the main action
Ratio Decidendi
The applicant was not in wilful default, having taken active steps to defend the proceedings, and demonstrated prospects of success in the main action. Good and sufficient cause for rescission was established.
Court Disposition
application for rescission of judgment granted
Orders
- Rescission of judgment granted
- Costs to be costs in the cause
Full Case Text
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