HH 321-18 ARCHFORD DUBE versus LEEROY REECE

ARCHFORD DUBE

versus

LEEROY REECE

 

 

HIGH COURT OF ZIMBABWE
TSANGA J
HARARE, 29 March 2018 & 12 June 2018

 

Opposed Application

 

M Mandingwa, for the applicant
R Venge, for the respondent

 

               TSANGA J: This was an application for rescission of a default judgement which had been granted in 2016 after applicant failed to attend a pre-trial conference on account of having missed a connecting flight from Dubai. His lawyer had advised him that the pre-trial conference was scheduled on 18 September 2016 when it was in fact on 15 September 2016 as per notice of set down. He had only arrived on 16 September to learn that a default judgment had been granted. I dismissed his application on account of a holistic analysis of the principles applicable in the granting of a default judgment. The reasons given have been requested in writing.

               The principles, emanating from r 63 of the High Court Civil Rules 1971, that are applied in deciding whether a default judgment should be rescinded, and, which are looked at in conjunction are as follows:

  1. The reasonableness of the applicant’s explanation for the default
  2. The bona fides of the application to rescind the judgment
  3. The bona fides of the defence on the merits of the case and whether that defence carries some prospect of success

         See Ronald & Anor v McDonnell 1986 ZLR 216 (SC); Stockil v Griffiths 1992 (1)

ZLR 172 (SC)

 

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