TRINPAC INVESTMENTS (PRIVATE) LIMITED and GEORGE MUTONHORA and SANDRA TSIMBA and MEDWORTH PROPERTIES (PRIVATE) LIMITED versus CBZ BANK LIMITED

Key Issues

• {"issue_text":"Whether the applicants provided a reasonable explanation for their default in entering appearance to defend","issue_type":"fact","dispositive":"yes","related_facts":"Service of summons at old address, applicants' claim of non-use of premises"}
• {"issue_text":"Whether the application for rescission of judgment is bona fide","issue_type":"mixed","dispositive":"yes","related_facts":"Timing of application, conduct of applicants"}
• {"issue_text":"Whether the applicants' defense in the main matter carries prospects of success","issue_type":"law","dispositive":"yes","related_facts":"Terms of facility letter, alleged breach by respondent"}
• {"issue_text":"Whether the applicants were properly before the court in terms of Rule 63 given late filing","issue_type":"procedural","dispositive":"no","related_facts":"Application filed on 21 March 2013, judgment obtained 28 September 2011"}

Background