Makoni v CBZ Bank Ltd. (HC 7023 of 2015; HH 357 of 2016) [2016] ZWHHC 357 (15 June 2016)

Makoni v CBZ Bank Ltd. (HC 7023 of 2015; HH 357 of 2016) [2016] ZWHHC 357 (15 June 2016)

The applicant failed to provide a credible explanation for the default, and the purported defence lacked merit and prospects of success. The application was a fishing expedition and not bona fide. The court found no good and sufficient cause to set aside the default judgment.

Citation
[2016] ZWHHC 357
Parties
Applicant: Robson Makoni; Respondent: CBZ Bank Limited
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
15 June 2016
Case Number
HC 7023 of 2015 ; HH 357 of 2016
Procedural Posture
Application for Rescission of Default Judgement / Ruling on Application for Rescission of Default Judgement
Outcome
Application dismissed with costs
Legal Topics
Rescission of Judgment, Default Judgment, Good and Sufficient Cause, Legal Practitioner Negligence
Source Language
English
Civil Procedure Rescission of Judgment Default Judgment Good and Sufficient Cause Legal Practitioner Negligence

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Parties

Robson Makoni

Applicant

CBZ Bank Limited

Respondent

Procedural Posture

Application for Rescission of Default Judgement / Ruling on Application for Rescission of Default Judgement

Legal Issues

  1. 1 Whether the applicant has shown good and sufficient cause for rescission of default judgment
  2. 2 Whether the explanation for default is reasonable
  3. 3 Whether the applicant has a bona fide defence with prospects of success

Ratio Decidendi

The applicant failed to provide a credible explanation for the default, and the purported defence lacked merit and prospects of success. The application was a fishing expedition and not bona fide. The court found no good and sufficient cause to set aside the default judgment.

Court Disposition

Application dismissed with costs

Orders

  • Application for rescission of default judgment is dismissed with costs