Mandhu v Scotfin Ltd (HH 64 of 2003) [2003] ZWHHC 64 (29 April 2003)

Mandhu v Scotfin Ltd (HH 64 of 2003) [2003] ZWHHC 64 (29 April 2003)

The contract of suretyship extended liability to all sums due from time to time, including judgment debts. The applicant remained liable for the judgment debt, and the defence of prescription was not available. The applicant had no defence to the claim, and the application for rescission was dismissed.

Citation
[2003] ZWHHC 64
Parties
Applicant: Rauf Haroon Mandhu; Respondent: Scotfin Ltd
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
29 April 2003
Case Number
HH 64 of 2003
Procedural Posture
Application for Rescission of Default Judgment / Opposed Application, Judgment
Outcome
application dismissed with costs
Legal Topics
Rescission of Judgment, Suretyship, Prescription of Debts
Source Language
English
Civil Procedure Contract Law Rescission of Judgment Suretyship Prescription of Debts

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Parties

Rauf Haroon Mandhu

Applicant

Scotfin Ltd

Respondent

Procedural Posture

Application for Rescission of Default Judgment / Opposed Application, Judgment

Legal Issues

  1. 1 Whether the applicant has a valid defence to rescission of default judgment based on prescription of the suretyship debt
  2. 2 Whether the suretyship debt prescribed independently of the principal debt
  3. 3 Whether the contract of suretyship extended liability to judgment debts

Ratio Decidendi

The contract of suretyship extended liability to all sums due from time to time, including judgment debts. The applicant remained liable for the judgment debt, and the defence of prescription was not available. The applicant had no defence to the claim, and the application for rescission was dismissed.

Court Disposition

application dismissed with costs

Orders

  • application for rescission of default judgment is dismissed with costs