WICKBURY INVESTMENTS WORKERS COMMITTEE v WICKBURY INVESTMENTS (PVT) LIMITED and SHERIFF OF THE HIGH COURT OF ZIMBABWE

HH 762-18

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Case Details

Court

Harare High Court

Date

21 November 2018

Citation

HH 762-18

Neutral Citation

[2018] ZWHH 762

Outcome

unknown

Case Type

Application

Bench

Presiding

MUZENDA J

Full Bench

MUZENDA J

Areas of Law

Labour LawCivil Procedure

Keywords

Arbitral AwardRegistrationExecutionDefault JudgmentRescissionLocus StandiCosts on Attorney-Client Scale

Key Issues

{"issue_text":"Whether the default judgment granted on 4 October 2017 should be rescinded","issue_type":"procedural","dispositive":"yes","related_facts":"Wrong case number cited, default judgment granted, applicant filed for rescission"}
{"issue_text":"Whether the applicant has locus standi to bring the application","issue_type":"procedural","dispositive":"no","related_facts":"Applicant is a workers committee, not a legal persona"}
{"issue_text":"Whether the applicant was in wilful default","issue_type":"fact","dispositive":"yes","related_facts":"Typing error in case number, opposing papers filed and served"}

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background

Facts of the Case

Background

The applicant's members were awarded $59,246.85 by an arbitrator, which was registered as a court order. After execution, a balance of $8,302.72 remained outstanding. The first respondent filed an application for interdict which was removed from the roll, and then filed another application which was heard unopposed due to the applicant erroneously citing the wrong case number in their opposing papers. The applicant then filed this application for rescission of the default judgment granted on 4 October 2017.

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