Bulchimex GmbH Import – Export Chemikalien Und Produkte and Technompex JSC v Rajendrakumar Jogi and The Registrar of Deeds and The Sheriff of High Court and Bulchmex GmbH Import-Export Chemikalien Und Produkte (Pvt) Ltd and Sarah Hwingwiri

HH 821-18

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Case Details

Court

Harare High Court

Date

17 December 2018

Citation

HH 821-18

Neutral Citation

[2018] ZWHH 821

Outcome

unknown

Case Type

Application

Bench

Presiding

MUZOFA J

Full Bench

MUZOFA J

Areas of Law

Civil ProcedureProperty Law

Keywords

Rescission of judgmentDefault judgmentImproper serviceDomicilium citandi executandiFraudulent service

Key Issues

{"issue_text":"Whether the applicants have established that the default judgments were erroneously sought and granted in their absence due to improper service","issue_type":"procedural","dispositive":"yes","related_facts":"Allegations of fraudulent service, caretaker denials, improper service addresses"}
{"issue_text":"Whether the court should order joinder of additional parties","issue_type":"procedural","dispositive":"no","related_facts":"Application for joinder made in draft order but not in founding affidavit"}

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background

Facts of the Case

Background

The applicants, foreign companies, sought rescission of two default judgments granted against them in 2017 and 2018 respectively, claiming they were never properly served with court process. The first respondent had purchased immovable property from the first applicant but transfer was not effected, leading to the default judgments.

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