HH 233-18 PETER VALENTINE versus MYDALE INTERNATIONAL MARKETING (PVT) LTD and Anor

PETER VALENTINE

versus

MYDALE INTERNATIONAL MARKETING (PVT) LTD

and

GOLDEN RWAYI

 

 

 

HIGH COURT OF ZIMBABWE

CHITAKUNYE J

HARARE, September 12, 2017 and May 10, 2018

 

 

 

Opposed Application

 

S T Mutema, for the applicant

F. Mahere, for the 2nd respondent.

 

            CHITAKUNYE J. This is an application for the rescission of a default judgment entered by this court against the applicant on the 14th March 2017 in HC 669/16. That order was to the effect that:-

  1. 1st respondent be sentenced to 24 months imprisonment of which 12 months is suspended for good behaviour, effective 12 months.
  2. 1st respondent to pay costs on attorney and client scale.

            The application is opposed by the second respondent.

            On the date of the hearing  applicant raised a point in limine on the locus standi of second respondent and the fact that applicant had not been served personally with the application for contempt of court that led to the default judgment.

            The second respondent’s counsel on the other hand also raised a point in limine alleging that as the applicant had not attached the default judgment in question, there was no cause of action.

            After counsel had made their respective submissions I indicated that they must proceed with arguments on the main matter and my decision of the points in limine will be in the main judgement.

            I took the above decision based on the circumstances of the case which in my view makes for sad reading in the administration of justice.

 

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2018