ZIMRA v Arreta Chidodo (252 of 2022) [2022] ZWHHC 252 (20 April 2022)

ZIMRA v Arreta Chidodo (252 of 2022) [2022] ZWHHC 252 (20 April 2022)

The applicant's failure to file opposing papers was not deliberate and was adequately explained. The matter is urgent, the procedural defects are excusable, and the applicant has prospects of success in the rescission application because the respondent's altered passport prevents verification of her eligibility for the rebate.

Citation
[2022] ZWHHC 252
Parties
Applicant: Zimbabwe Revenue Authority; Respondent: Arreta Chidodo
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
20 April 2022
Case Number
252 of 2022
Procedural Posture
Urgent Chamber Application / Ruling on Application for Stay of Execution Pending Rescission
Outcome
Application granted
Legal Topics
Stay of Execution, Rescission of Default Judgment, Immigrant's Rebate, Procedural Irregularities
Source Language
English
Administrative Law Customs Law Stay of Execution Rescission of Default Judgment Immigrant's Rebate Procedural Irregularities

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Parties

Zimbabwe Revenue Authority

Applicant

Arreta Chidodo

Respondent

Procedural Posture

Urgent Chamber Application / Ruling on Application for Stay of Execution Pending Rescission

Legal Issues

  1. 1 Whether the application is urgent
  2. 2 Whether the urgent chamber application is fatally defective
  3. 3 Whether the applicant has prospects of success in the rescission application

Ratio Decidendi

The applicant's failure to file opposing papers was not deliberate and was adequately explained. The matter is urgent, the procedural defects are excusable, and the applicant has prospects of success in the rescission application because the respondent's altered passport prevents verification of her eligibility for the rebate.

Court Disposition

Application granted

Orders

  • The provisional order is confirmed.
  • Execution of the order issued in favour of the respondent under HC 181/22 is stayed pending final determination of HC 2123/22.