Sitmore Trading Ltd. & Ors v NMB Bank Ltd. (HC 6960 of 2015; HH 91 of 2016) [2016] ZWHHC 91 (27 January 2016)

Sitmore Trading Ltd. & Ors v NMB Bank Ltd. (HC 6960 of 2015; HH 91 of 2016) [2016] ZWHHC 91 (27 January 2016)

Applicants failed to establish good and sufficient cause to set aside the consent judgment. Their explanations for entering the consent order were unreasonable, unsupported by evidence, and not bona fide. The alleged defences lacked merit and prospects of success. The application was not brought in good faith but as a last-minute attempt to avoid execution.

Citation
[2016] ZWHHC 91
Parties
Applicant: Sitmore Trading Ltd; Applicant: Talkmore Kwaramba; Applicant: Viola Dziike; Respondent: NMB Bank Ltd
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
27 January 2016
Case Number
HC 6960 of 2015 ; HH 91 of 2016
Procedural Posture
Application to Set Aside Consent Judgment / Ruling on Opposed Application
Outcome
application dismissed
Legal Topics
Setting Aside Consent Judgment, Rescission of Judgment, Good and Sufficient Cause, Suretyship, Loan Facility
Source Language
English
Civil Procedure Contract Law Banking Law Setting Aside Consent Judgment Rescission of Judgment Good and Sufficient Cause Suretyship Loan Facility

Case Brief

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Parties

Sitmore Trading Ltd

Applicant

Talkmore Kwaramba

Applicant

Viola Dziike

Applicant

NMB Bank Ltd

Respondent

Procedural Posture

Application to Set Aside Consent Judgment / Ruling on Opposed Application

Legal Issues

  1. 1 Whether the applicants established good and sufficient cause to set aside the consent judgment under rule 56 of the High Court Rules 1971
  2. 2 Whether the consent judgment was entered into under duress, mistake, or misrepresentation
  3. 3 Whether the applicants' defences on the merits were bona fide and had prospects of success

Ratio Decidendi

Applicants failed to establish good and sufficient cause to set aside the consent judgment. Their explanations for entering the consent order were unreasonable, unsupported by evidence, and not bona fide. The alleged defences lacked merit and prospects of success. The application was not brought in good faith but as a last-minute attempt to avoid execution.

Court Disposition

application dismissed

Orders

  • Application dismissed
  • First applicant to pay costs