ZIMRA Beitbridge Regional Manager & Anor v Maramba & Anor (HB 21 of 2016; HC 1026 of 2015; XREF HC 497 of 2015) [2016] ZWBHC 21 (11 February 2016)

ZIMRA Beitbridge Regional Manager & Anor v Maramba & Anor (HB 21 of 2016; HC 1026 of 2015; XREF HC 497 of 2015) [2016] ZWBHC 21 (11 February 2016)

The applicants were denied the opportunity to defend the application due to a fake return of service. There was no proof of service upon the first applicant. The applicants established good and sufficient cause for rescission.

Citation
[2016] ZWBHC 21
Parties
Applicant: REGIONAL MANAGER BEITBRIDGE; Applicant: ZIMBABWE REVENUE AUTHORITY; Respondent: MODRECK MARAMBA; Respondent: ASSISTANT SHERIFF BULAWAYO
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
11 February 2016
Case Number
HB 21 of 2016 ; HC 1026 of 2015 ; XREF HC 497 of 2015
Procedural Posture
Opposed Application / Ruling on Application for Rescission of Judgment
Outcome
Application for rescission granted
Legal Topics
Rescission of Judgment, Service of Process, Default Judgment
Source Language
English
Civil Procedure Rescission of Judgment Service of Process Default Judgment

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Parties

REGIONAL MANAGER BEITBRIDGE

Applicant

ZIMBABWE REVENUE AUTHORITY

Applicant

MODRECK MARAMBA

Respondent

ASSISTANT SHERIFF BULAWAYO

Respondent

Procedural Posture

Opposed Application / Ruling on Application for Rescission of Judgment

Legal Issues

  1. 1 Whether the default judgment should be rescinded due to lack of proper service
  2. 2 Whether the applicants have shown good and sufficient cause for rescission

Ratio Decidendi

The applicants were denied the opportunity to defend the application due to a fake return of service. There was no proof of service upon the first applicant. The applicants established good and sufficient cause for rescission.

Court Disposition

Application for rescission granted

Orders

  • The order granted in favour of the first respondent on 2 April 2015 in HC 497/15 is rescinded.
  • Applicants to file opposition to the application within 10 days of this order.