LONGCHENG INTERNATIONAL TRADE AND
COMMERCE (PVT) LTD t/a LONGCHENG PLAZA
V’S CRAFT BAKERY (PVT) LTD
HIGH COURT OF ZIMBABWE
HARARE, 24 May 2018
W. Jiti, for the applicant
T.G . Manhombo, for the respondent
ZHOU J: This is an application for the rescission of judgment which was granted in default of the applicant on 10 October 2017. The applicant’s representative and its legal practitioner failed to attend the pre-trial conference on that day hence default judgment was entered against it.
In considering whether there is good and sufficient cause for the default judgment to be set aside the court takes into account the reasonableness of the explanation for the default, the bona fides of the application to rescind and the prospects of success in the main matter. The applicant ‘s explanation for its default is that its representative who is the deponent to the founding affidavit was indisposed by illness. A letter from the clinic at which he was attended is filed of record. In the face of that document it is not possible for this court to reject the applicant’s explanation for the default.
On the merits, the dispute arises out of a lease agreement. The applicant is claiming payment of amounts allegedly owed in respect of unpaid rent. The respondents do not dispute that he indeed occupied the applicant’s premises. Instead, they suggest that the lease agreement was invalid. That is a matter that should be dealt with at the trial. For the purposes of this application