Nitwick Ent. (Pvt) Ltd. v ZimPost (Pvt) Ltd. (CIV A 529 of 2014; HH 968 of 2015; Ref 19348 of 2013) [2015] ZWHHC 968 (16 December 2015)

The respondent was not in wilful default as efforts were made to attend court, and the Magistrate Court correctly applied the law; thus, the appeal had no merit.

Citation: [2015] ZWHHC 968
Parties: Appellant: Nitwick Enterprises (Pvt) Ltd; Respondent: Zimbabwe Posts (Pvt) Ltd
Court: Harare High Court
Jurisdiction: Zimbabwe
Judgment Date: 16 December 2015
Case Number: CIV A 529 of 2014 ; HH 968 of 2015 ; Ref 19348 of 2013
Procedural Posture: Civil Appeal / Judgment on Appeal
Outcome: appeal dismissed
Legal Topics: Rescission of Judgment, Wilful Default, Appeal Procedure
Source Language: English

Civil Procedure Rescission of Judgment Wilful Default Appeal Procedure

Case Brief

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Parties

Nitwick Enterprises (Pvt) Ltd

Appellant

Zimbabwe Posts (Pvt) Ltd

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

1 Whether the Magistrate Court erred in granting rescission of default judgment in favour of the respondent
2 Whether the respondent was in wilful default

Ratio Decidendi

The respondent was not in wilful default as efforts were made to attend court, and the Magistrate Court correctly applied the law; thus, the appeal had no merit.

Court Disposition

appeal dismissed

Orders

The appeal is dismissed.
The appellant to pay the respondent’s costs.