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Harare High Court
Shell Zimbabwe (Private) Limited v Charles P. Motsi and Nebworth Investments (Private) Limited t/a Belgravia Service Station
HH 282-13
Case Details
Court
Harare High Court
Date
11 September 2013
Citation
HH 282-13
Neutral Citation
[2013] ZWHH 282
Outcome
unknown
Case Type
Application
Bench
Presiding
Chigumba J
Full Bench
Chigumba J
Areas of Law
Civil ProcedureHigh Court Rules
Keywords
rescissiondefault judgmentOrder 9 Rule 63time limitscondonation
Tags
rescission of judgmentdefault judgmentprocedural compliance
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether an application for rescission of default judgment must be both filed and set down for hearing within one month of knowledge of the judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed 25 January 2013, set down 15 July 2013"}
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background
Facts of the Case
Background
Applicant sought rescission of a default judgment granted on 28 March 2012 ordering it to file further particulars. Applicant became aware of the judgment on 10 January 2013 and filed the rescission application on 25 January 2013, but only set it down for hearing on 15 July 2013, six months out of time and without condonation.
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