Southend Cargo Airlines (Pvt) Ltd & Ors v Zimbabwe Development Bank (HH 123 of 2004) [2004] ZWHHC 123 (15 June 2004)

Southend Cargo Airlines (Pvt) Ltd & Ors v Zimbabwe Development Bank (HH 123 of 2004) [2004] ZWHHC 123 (15 June 2004)

The applicants failed to show good and sufficient cause to set aside the consent judgment. Their explanation for consenting was unconvincing, their application was not bona fide, and they had no substantive defence. The consent was authorized, and the judgment in foreign currency was proper given the nature of the loan agreement.

Citation
[2004] ZWHHC 123
Parties
Applicant: Southend Cargo Airlines (Pvt) Limited; Applicant: Stephen Jackson Chituku; Applicant: Patience Fadzai Chituku; Respondent: Zimbabwe Development Bank
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
15 June 2004
Case Number
HH 123 of 2004
Procedural Posture
Opposed Application / Ruling on Application to Set Aside Consent Judgment
Outcome
Application dismissed
Legal Topics
Setting Aside Consent Judgment, Foreign Currency Judgments, Loan Agreements, Finality of Litigation
Source Language
English
Civil Procedure Contract Law Setting Aside Consent Judgment Foreign Currency Judgments Loan Agreements Finality of Litigation

Case Brief

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Parties

Southend Cargo Airlines (Pvt) Limited

Applicant

Stephen Jackson Chituku

Applicant

Patience Fadzai Chituku

Applicant

Zimbabwe Development Bank

Respondent

Procedural Posture

Opposed Application / Ruling on Application to Set Aside Consent Judgment

Legal Issues

  1. 1 Whether the consent judgment should be set aside for good and sufficient cause
  2. 2 Whether the consent judgment was improperly expressed in foreign currency
  3. 3 Whether the applicants have a bona fide defence to the respondent's claim

Ratio Decidendi

The applicants failed to show good and sufficient cause to set aside the consent judgment. Their explanation for consenting was unconvincing, their application was not bona fide, and they had no substantive defence. The consent was authorized, and the judgment in foreign currency was proper given the nature of the loan agreement.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.
  • The applicants shall pay the respondents’ costs.