Al Shams Global BVI Limited v Equity Properties (Private) Limited

HH 568-18

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Case Details

Court

Harare High Court

Date

18 September 2018

Citation

HH 568-18

Neutral Citation

[2018] ZWHH 568

Outcome

unknown

Case Type

Application

Bench

Presiding

Muzenda J

Full Bench

Muzenda J

Areas of Law

Civil ProcedureCommercial Law

Keywords

rescissiondefault judgmentperegrinusjurisdictionattachment

Key Issues

{"issue_text":"Whether the applicant has established good and sufficient cause for rescission of the default judgment under Order 9 r 63","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant learned of judgment on 3 November 2017, claims not wilfully in default"}
{"issue_text":"Whether the default judgment was properly obtained to found jurisdiction over a peregrinus","issue_type":"procedural","dispositive":"no","related_facts":"Applicant is domiciled in British Virgin Islands, respondent attached property"}

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Facts of the Case

Background

The applicant, a British Virgin Islands company, sought rescission of a default judgment granted against it on 24 July 2017 under HC 3254/17, which judgment was obtained by the respondent to found and confirm jurisdiction over the applicant. The applicant claimed it was not willfully in default and had a bona fide defense, while the respondent opposed, arguing the applicant was a peregrinus and the attachment was necessary to confirm jurisdiction.

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