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Zimbabwe decisions
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Pavari v Chirova and 2 Others (612 of 2023) [2023] ZWHHC 511 (26 October 2023)
The High Court dismissed an application to rescind a confirmed provisional order, finding the applicant had notice and was in wilful default.
Nechibvute v Kapeni And Another (11 of 2021) [2021] ZWMTHC 11 (1 April 2021)
The High Court dismissed an appeal against refusal to rescind a default judgment, holding that the appellant was properly served, in wilful default, and had no bona fide defence.
Singadi v Mandaba And Another (15 of 2021) [2021] ZWMSVHC 15 (4 March 2021)
The High Court upheld an appeal against rescission of a default judgment, holding that wilful default and prospects of success are conjunctive requirements.
Glickmate Enterprises (Pvt) Ltd v Alouvire (Pvt) Ltd (CIV A 119 of 2017; HH 127 of 2020) [2020] ZWHHC 127 (19 February 2020)
The High Court upheld a finding of wilful default and dismissed an appeal against refusal of rescission of a magistrates’ court default judgment.
Nitwick Ent. (Pvt) Ltd. v ZimPost (Pvt) Ltd. (CIV A 529 of 2014; HH 968 of 2015; Ref 19348 of 2013) [2015] ZWHHC 968 (16 December 2015)
The High Court dismissed an appeal against rescission of default judgment, holding that the respondent was not in wilful default and the magistrate applied the correct test.
Mukangara v TelOne (CIV A 465 of 2014) [2015] ZWHHC 237 (10 March 2015)
The High Court dismissed an appeal against refusal to rescind a default judgment, holding that the appellant was in wilful default and the rescission enquiry ended there.
Musimwa & Associates & Anor v Zilinda & Anor (CIV A 452 of 2013) [2015] ZWHHC 20 (20 January 2015)
High Court civil appeal against refusal to rescind a default judgment. The court held the appellants were in wilful default and dismissed the appeal with costs.
Bayayi v Mzima and Anor (HB 39 of 2007) [2007] ZWBHC 39 (1 February 2007)
The High Court dismissed an application to rescind judgment, finding the applicant was in wilful default and had not shown a bona fide defence.
Mafurirano v Khumalo (XREF HC 1359 of 2002) [2004] ZWBHC 68 (19 May 2004)
The High Court granted leave to execute a judgment pending appeal, finding the respondent’s appeal was not bona fide and that hardship favoured the applicant.
Mkandhla v Grain Marketing Board (Civil Application 358 of 2002; SC 31 of 2004) [2004] ZWSC 31 (18 May 2004)
The appellants failed to provide a reasonable explanation for their default, their default was wilful, and they had no prospects of success on the merits, thus rescission of the default judgment was not warranted.
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