Chiota & Anor v Mabuwa & Ors (HC 12618 of 2015) [2016] ZWHHC 25 (7 January 2016)

Chiota & Anor v Mabuwa & Ors (HC 12618 of 2015) [2016] ZWHHC 25 (7 January 2016)

The application was urgent as applicants acted immediately upon learning of the default judgment, and the relief sought was necessary to prevent irreparable harm. The applicants had filed their plea timeously, and the default judgment was likely to be rescinded.

Citation
[2016] ZWHHC 25
Parties
Applicant: Phineas Chiota; Applicant: Bessie Chiota; Respondent: David Mabuwa; Respondent: Wallace Laboratories (Pvt) Limited; Respondent: Siemssen & Maunder; Respondent: Fungai Majurira; Respondent: Sheriff of Zimbabwe N. O
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
7 January 2016
Case Number
HC 12618 of 2015
Procedural Posture
Urgent Chamber Application / Interim Relief Granted
Outcome
interim relief granted
Legal Topics
Stay of Execution, Rescission of Judgment, Urgency in Applications
Source Language
English
Civil Procedure Stay of Execution Rescission of Judgment Urgency in Applications

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Parties

Phineas Chiota

Applicant

Bessie Chiota

Applicant

David Mabuwa

Respondent

Wallace Laboratories (Pvt) Limited

Respondent

Siemssen & Maunder

Respondent

Fungai Majurira

Respondent

Sheriff of Zimbabwe N. O

Respondent

Procedural Posture

Urgent Chamber Application / Interim Relief Granted

Legal Issues

  1. 1 Whether the application for stay of execution is urgent
  2. 2 Whether the applicants filed their plea timeously
  3. 3 Whether the default judgment should be rescinded

Ratio Decidendi

The application was urgent as applicants acted immediately upon learning of the default judgment, and the relief sought was necessary to prevent irreparable harm. The applicants had filed their plea timeously, and the default judgment was likely to be rescinded.

Court Disposition

interim relief granted

Orders

  • The writ of execution issued on 9th December 2015 under case HC 5319/10 is stayed pending determination of the matter.