Singadi v Mandaba And Another (15 of 2021) [2021] ZWMSVHC 15 (4 March 2021)

Singadi v Mandaba And Another (15 of 2021) [2021] ZWMSVHC 15 (4 March 2021)

The requirements for rescission of judgment are conjunctive; since the applicant was in wilful default, rescission could not be granted regardless of prospects of success. The trial magistrate erred in granting rescission after finding wilful default.

Citation
[2021] ZWMSVHC 15
Parties
Appellant: Shepherd Singadi; 1st Respondent: Tasariravona Tasisio Mandaba; 2nd Respondent: Messenger of Court, Masvingo N. O.
Court
Masvingo High Court
Jurisdiction
Zimbabwe
Judgment Date
4 March 2021
Case Number
15 of 2021
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal upheld; rescission of judgment set aside; application for rescission dismissed with costs.
Legal Topics
Rescission of Judgment, Wilful Default, Prospects of Success
Source Language
English
Civil Procedure Rescission of Judgment Wilful Default Prospects of Success

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Parties

Shepherd Singadi

Appellant

Tasariravona Tasisio Mandaba

1st Respondent

Messenger of Court, Masvingo N. O.

2nd Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the court a quo erred in granting rescission of judgment after finding wilful default
  2. 2 Whether there were triable issues or prospects of success justifying rescission

Ratio Decidendi

The requirements for rescission of judgment are conjunctive; since the applicant was in wilful default, rescission could not be granted regardless of prospects of success. The trial magistrate erred in granting rescission after finding wilful default.

Court Disposition

Appeal upheld; rescission of judgment set aside; application for rescission dismissed with costs.

Orders

  • The appeal is upheld.
  • The decision of the court a quo is set aside and substituted with dismissal of the application for rescission of judgment with costs.