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Harare High Court
Batanai SG (Private) Limited and Thallogen Investments (Private) Limited v Hortative Investments (Private) Limited
HH 252-2012
Case Details
Court
Harare High Court
Date
12 June 2012
Citation
HH 252-2012
Neutral Citation
[2012] ZWHH 252
Outcome
unknown
Case Type
Application
Bench
Presiding
Kudya J
Full Bench
Kudya J
Areas of Law
Civil ProcedureCommercial Law
Keywords
rescissiondefault judgmentservicewilful defaultgood and sufficient cause
Tags
rescission of judgmentdefault judgmentservice of processwilful default
legislation
Statutes Cited
- Moneylending and Rates of Interest Act
- Prescribed Rate of Interest Act
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicants have shown good and sufficient cause for rescission of default judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants claim they were never served; respondent alleges wilful default"}
- {"issue_text":"Whether applicants have prospects of success on merits","issue_type":"mixed","dispositive":"yes","related_facts":"Allegation that financing agreement was illegal; claim that capital was repaid"}
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background
Facts of the Case
Background
The applicants sought rescission of a default judgment granted against them on 19 May 2011. They claimed they were never served with summons and had an arguable defence. The court found they were in wilful default and lacked prospects of success.
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