Mabuwa & Anor v Sibanda & Ors (HC 10989 of 2013) [2016] ZWHHC 8 (13 January 2016)

Mabuwa & Anor v Sibanda & Ors (HC 10989 of 2013) [2016] ZWHHC 8 (13 January 2016)

The application for default judgment was dismissed because a plea was on record, the amendments to the declaration were not properly sanctioned, and service of the order of joinder was not effected according to the rules.

Citation
[2016] ZWHHC 8
Parties
Plaintiff: Tapera D. Mabuwa; Plaintiff: Lucy Mauraeni Nyahuni Sazia; Defendant: Lugen Sibanda; Defendant: Registrar of Deeds; Defendant: Wintertons Legal Practitioners
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
13 January 2016
Case Number
HC 10989 of 2013
Procedural Posture
Chamber Application for Default Judgment / Ruling on Application for Default Judgment
Outcome
Application for default judgment dismissed
Legal Topics
Default Judgment, Joinder of Parties, Amendment of Pleadings, Service of Process
Source Language
English
Civil Procedure Default Judgment Joinder of Parties Amendment of Pleadings Service of Process

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Parties

Tapera D. Mabuwa

Plaintiff

Lucy Mauraeni Nyahuni Sazia

Plaintiff

Lugen Sibanda

Defendant

Registrar of Deeds

Defendant

Wintertons Legal Practitioners

Defendant

Procedural Posture

Chamber Application for Default Judgment / Ruling on Application for Default Judgment

Legal Issues

  1. 1 Whether default judgment can be granted when a plea is on record
  2. 2 Whether amendments to the declaration were properly effected
  3. 3 Whether service of the order of joinder was proper

Ratio Decidendi

The application for default judgment was dismissed because a plea was on record, the amendments to the declaration were not properly sanctioned, and service of the order of joinder was not effected according to the rules.

Court Disposition

Application for default judgment dismissed

Orders

  • Application for default judgment is dismissed