Garret v Stevens (HC 1231 of 2003; XREF HC 1231 of 2003) [2004] ZWBHC 60 (19 May 2004)

Garret v Stevens (HC 1231 of 2003; XREF HC 1231 of 2003) [2004] ZWBHC 60 (19 May 2004)

The applicant failed to provide a reasonable and acceptable explanation for default and did not demonstrate a bona fide defence with prospects of success. The explanations given were found to be unreasonable, unacceptable, and bordering on negligence.

Citation
[2004] ZWBHC 60
Parties
Applicant: Robert L Garret; Respondent: Charles Michael Stevens
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
19 May 2004
Case Number
HC 1231 of 2003 ; XREF HC 1231 of 2003
Procedural Posture
Application for Rescission of Judgment / Judgment After Hearing Arguments
Outcome
application dismissed with costs
Legal Topics
Rescission of Judgment, Default Judgment, Good Cause Requirement
Source Language
English
Civil Procedure Rescission of Judgment Default Judgment Good Cause Requirement

Case Brief

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Parties

Robert L Garret

Applicant

Charles Michael Stevens

Respondent

Procedural Posture

Application for Rescission of Judgment / Judgment After Hearing Arguments

Legal Issues

  1. 1 Whether the applicant showed good cause for rescission of judgment
  2. 2 Whether the applicant provided a reasonable explanation for default
  3. 3 Whether the applicant demonstrated a bona fide defence with prospects of success

Ratio Decidendi

The applicant failed to provide a reasonable and acceptable explanation for default and did not demonstrate a bona fide defence with prospects of success. The explanations given were found to be unreasonable, unacceptable, and bordering on negligence.

Court Disposition

application dismissed with costs

Orders

  • application for rescission of judgment is dismissed with costs