Azangwe (nee Chikomo) v Azangwe (HB 53 of 2017; HC 3007 of 2015; XREF HC 2403 of 2014; XREF HC 869 of 2015) [2017] ZWBHC 53 (16 March 2017)

Azangwe (nee Chikomo) v Azangwe (HB 53 of 2017; HC 3007 of 2015; XREF HC 2403 of 2014; XREF HC 869 of 2015) [2017] ZWBHC 53 (16 March 2017)

The applicant was within her rights to request further particulars at the time she did, and the default judgment was erroneously granted. In matrimonial matters, courts should lean in favour of granting litigants audience before making life-changing decisions. The application for rescission is granted for paragraphs b–g of the court order.

Citation
[2017] ZWBHC 53
Parties
Applicant: Wadzanai Memory Azangwe (nee Chikomo); Respondent: Godfrey Azangwe
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
16 March 2017
Case Number
HB 53 of 2017 ; HC 3007 of 2015 ; XREF HC 2403 of 2014 ; XREF HC 869 of 2015
Procedural Posture
Application for Rescission of Judgment / Ruling on Opposed Application for Rescission
Outcome
Application for rescission granted in part
Legal Topics
Rescission of Judgment, Divorce, Ancillary Relief, Default Judgment, Matrimonial Property
Source Language
English
Family Law Civil Procedure Rescission of Judgment Divorce Ancillary Relief Default Judgment Matrimonial Property

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Parties

Wadzanai Memory Azangwe (nee Chikomo)

Applicant

Godfrey Azangwe

Respondent

Procedural Posture

Application for Rescission of Judgment / Ruling on Opposed Application for Rescission

Legal Issues

  1. 1 Whether the applicant was in willful default
  2. 2 Whether the applicant has a bona fide defence on the merits
  3. 3 Whether the default judgment was properly granted

Ratio Decidendi

The applicant was within her rights to request further particulars at the time she did, and the default judgment was erroneously granted. In matrimonial matters, courts should lean in favour of granting litigants audience before making life-changing decisions. The application for rescission is granted for paragraphs b–g of the court order.

Court Disposition

Application for rescission granted in part

Orders

  • Rescission of paragraphs b–g of the court order in HC 2403/14
  • Costs shall be in the cause