AIR ZIMBABWE (PRIVATE) LIMITED
AIR ZIMBABWE HOLDINGS (PRIVATE) LIMITED
HIGH COURT OF ZIMBABWE
HARARE, 12 September 2017 and 17 May 2018
G. Dzitiro, for 1st and 2nd applicant
P. Kawonde, for respondent
CHITAKUNYE J. This is an application for rescission of a default judgement granted on 14 January 2015 in HC10786/14. The application is brought in terms of r 449(1) (a) and (b) of the High Court Rules 1971, as amended.
The applicants alleged that the judgement was erroneously sought and erroneously granted in the absence of first applicant. In the alternative, the applicants alleged that the judgement must be rescinded in terms of r 449(1) (b) of the rules of the High Court on the basis that there is a patent error or ambiguity.
The respondent opposed the application and contended that the judgement sought to be rescinded was properly sought and granted after due service of the application on the applicants. The respondent also contended that the applicants have cynically brought this application in terms of r 449 instead of r 63 in order to avoid the burden of having to apply for condonation for the late noting of an application for rescission of the default judgement.
The circumstances leading to this application may be encapsulated as follows. The respondent was initially employed by Air Zimbabwe Corporation. In 1998 Air Zimbabwe Corporation was dissolved and its functions, assets, liabilities and staff were transferred to Air Zimbabwe (Pvt) Ltd, an entity that had been incorporated in 1997. By virtue of such transfer respondent became an employee of first applicant.
In March 2005 Air Zimbabwe Holdings (Pvt) Ltd was incorporated. It apparently took over some aspects including employees that had been under Air Zimbabwe (Pvt) Ltd. The