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Final Orders re: Final and Conclusive Rule iro Default Judgments

HH186-12 : CHRISTOPHER CHIWALO vs DOMINIC MUSEKIWA
Ruled By: CHIWESHE JP

The fact that an application to have a valid court order rescinded is pending is neither here nor there. Until it is set aside it remains extant and must be complied with.
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HH24-16 : MEGALINK INVESTMENTS (PVT) LTD and OWEN PETER MURUMBI and THERESA MUSINA vs AFRICAN CENTURY LIMITED and SHERIFF OF ZIMBABWE
Ruled By: TSANGA J

The first respondent obtained a judgment, albeit in default…., on the basis that the applicants had failed to file their plea timeously. The judgment was therefore obtained on the basis of procedural neglect rather than on the merits. Nonetheless, in so far as it had not yet been set aside, albeit there is a pending application ...
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HH95-10 : TIISO HOLDINGS (PTY) LIMITED vs ZIMBABWE IRON & STEEL COMPANY LIMITED
Ruled By: PATEL J

The plaintiff in this matter has issued summons for payment of the sum of EUR6,640,295=94 together with interest and costs of suit.The claim arises pursuant to a default judgment of the Regional Court of Frankfurt entered in favour of Kreditanstalt fur Wiederaufbau (KFW) as against the defendant on 25 July ...
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HH145-17 : GERTRUDE MUTASA and DIDYMUS MUTASA vs NYAKUTOMBWA & MUGABE LEGAL COUNSEL and SHERIFF OF THE HIGH COURT
Ruled By: TSANGA J

The first and second applicants, the Mutasas, are husband and wife. Before me, they seek a stay of execution and return of removed goods pursuant to a default judgement in a matter relating to unpaid legal fees for services purportedly rendered by the first respondent, Nyakutombwa Mugabe legal ...
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SC02-17 : GUOXING GONG vs MAYOR LOGISTICS (PRIVATE) LIMITED and THE REGISTRAR OF DEEDS
Ruled By: ZIYAMBI JA, BHUNU JA and UCHENA JA

It is trite that, save in special circumstances which do not concern us here, no appeal lies to this court against a default judgment which is normally reversed by rescission of judgment or a declaration of nullity. It therefore, follows that in the absence of special circumstances, no valid ground ...
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SC67-19 : DANIEL CHINTENGO vs TREDCOR ZIMBABWE (PRIVATE) LIMITED t/a TRENTYRE ZIMBABWE
Ruled By: MALABA CJ, GUVAVA JA and BERE JA

In casu, the appellant`s legal representative was barred from making submissions before the court a quo by virtue of his failure to timeously file heads of argument. As a result, the judgment was granted in default. The question of what is meant by “default” was considered in Katritsis v De Macedo 1966 (1) SA 613 (A)…, as ...
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SC11-21 : TENDAI BONDE vs NATIONAL FOODS LTD and LOVEJOY NYANDORO [as Chairman of Appeals Committee] and CHIPO NHETA [as Chairman of Works Council]
Ruled By: GUVAVA JA

This is an application for leave to appeal from a judgment of the Labor Court. The court a quo found no merit in the application for leave to appeal and dismissed it, on the main, that, the draft notice of appeal did not raise questions of law.The applicant was dissatisfied ...
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HH224-22 : MUTSA DENHERE and DEMMUSK ENTERPRISES (PVT) LTD vs FAENSA FRISCO LIMITED
Ruled By: CHIRAWU-MUGOMBA J

The genesis of this matter lies in proceedings held under case number HC8844/12. In that matter, the respondent in casu obtained an order against the applicants as follows:1. Judgement be and is hereby entered in favour of the plaintiff against defendants jointly and severally the one paying the other to ...
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SC101-21 : EQUITY PROPERTIES (PVT) LTD vs ALSHAMS GLOBAL BVI LIMITED and REGISTRAR OF DEEDS
Ruled By: BHUNU JA, UCHENA JA and KUDYA AJA

This is an appeal against part of the judgment of the High Court of Zimbabwe sitting at Harare on 20 November 2019 granting an interim interdict in favour of the first respondent.THE FACTSThe appellant and the first respondent have been engaged in a flurry of litigation, and, at other times, ...
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HH94-16 : THE MILTON GARDENS ASSOCIATION and SYRIL MUPANGURI vs TECLA MVEMBE and CHAMPION CONSTRUCTORS (PVT) LTD and REGISTRAR OF DEEDS, HARARE and THE SURVEYOR GENERAL
Ruled By: DUBE J

This is an application for rescission of a default judgment granted under HC7398/11.The application is brought in terms of Rule 449.The first applicant is an association of members and will hereinafter be referred to as The Association.Its members purchased Stands at a property known as Newark of Hilton of Subdivision ...
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