(1) GONDO & ANOR v SYFRETS MERCHANT BANK LTD (2) Sani Toilet Systems (Pvt) Ltd v Syfrets Merchant Bank (3) Syfrets Merchant Bank v Gondo & Anor (4) Syfrets Merchant Bank v Sani Toilet Systems (Pvt) Ltd 1997 (1) ZLR 201 (H)

1997 (1) ZLR p201

Flynote

Practice and procedure — judgment by consent — rescission — error common to both parties — subsequent case establishing rule of law which would have affected parties' decision not to oppose judgment — r 449 of High Court Rules — application of — need to establish that rule out law had in fact been broken — whether court should use common law power to rescind its own judgment

Interest — rate — the in duplum rule — debtors not opposing judgment because unaware of rule — seeking rescission of judgments on basis that would have defended claims had they been aware of in duplum rule