joinderrescissiondismissal for want of prosecutionwillful defaultbona fide defence
Tags
joinder applicationrescission of judgmentdismissal for want of prosecution
legislation
Statutes Cited
High Court Rules, 1971
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the applicant has shown good and sufficient cause for rescission of judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's failure to prosecute for 3½ months, explanation of residing in Bulawayo"}
{"issue_text":"Whether the applicant was in wilful default","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's knowledge of opposition, failure to take action despite rules"}
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background
Facts of the Case
Background
The applicant sought rescission of a judgment that had dismissed her application for joinder for want of prosecution. The joinder application had been filed on 9 June 2016, opposed on 22 June 2016, but the applicant failed to file an answering affidavit or set the matter down for hearing within the prescribed time, leading to its dismissal on 20 October 2016.
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