Cossam Chiangwa v Apostolic Faith Mission in Zimbabwe & 5 Ors

HH 493-18

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Case Details

Court

Harare High Court

Date

21 August 2018

Citation

HH 493-18

Neutral Citation

[2018] ZWHH 493

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Mangota J

Full Bench

Mangota J

Areas of Law

Civil ProcedureUrgent ApplicationsRescission of Judgment

Keywords

urgent chamber applicationrescission of judgmentdefault judgmentservice of processchurch office bearers

Key Issues

{"issue_text":"Whether applicant established urgency for interim relief","issue_type":"procedural","dispositive":"no","related_facts":"Application filed 7 days after becoming aware of judgment"}
{"issue_text":"Whether applicant established prima facie case for rescission","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant filed out of time and was barred"}
{"issue_text":"Whether proper rule for rescission was invoked","issue_type":"procedural","dispositive":"no","related_facts":"Application brought under r 449 instead of r 63"}

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background

Facts of the Case

Background

The applicant, deputy president of a pentecostal church, sought an interim order staying execution of a default judgment obtained against him and other church office bearers under case HC 4756/18, pending his application for rescission filed under HC 7096/18. The judgment was entered after the applicant filed his notice of opposition out of time and other respondents failed to oppose.

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