Chiota & 2 Ors v Mabuwa (HC 1433 of 2020; HH 701 of 2020) [2020] ZWHHC 701 (27 October 2020)

Chiota & 2 Ors v Mabuwa (HC 1433 of 2020; HH 701 of 2020) [2020] ZWHHC 701 (27 October 2020)

The default judgment was erroneously sought and granted because the applicants had filed a special plea before the bar was effected, and the order included relief not sought in the summons.

Citation
[2020] ZWHHC 701
Parties
Applicant: Phineas Chiota; Applicant: Wallace Laborities (Pvt) Ltd; Applicant: Bessie Chiota; Respondent: David Mabuwa
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
27 October 2020
Case Number
HC 1433 of 2020 ; HH 701 of 2020
Procedural Posture
Application / Ruling on Application to Set Aside Default Judgment
Outcome
application granted
Legal Topics
Rescission of Judgment, Default Judgment, Special Plea, Costs
Source Language
English
Civil Procedure Rescission of Judgment Default Judgment Special Plea Costs

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Parties

Phineas Chiota

Applicant

Wallace Laborities (Pvt) Ltd

Applicant

Bessie Chiota

Applicant

David Mabuwa

Respondent

Procedural Posture

Application / Ruling on Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the default judgment was erroneously sought or granted in the absence of the applicants
  2. 2 Whether the applicants were properly barred for non-filing a plea
  3. 3 Whether the order granted included relief not sought in the summons

Ratio Decidendi

The default judgment was erroneously sought and granted because the applicants had filed a special plea before the bar was effected, and the order included relief not sought in the summons.

Court Disposition

application granted

Orders

  • The default judgment granted against the applicants on 6 February 2020 in Case No. HC 5305/19 is set aside.
  • Respondent shall pay the costs.