MOYO & ORS v SIBANDA & ORS 2011 (2) ZLR 186 (H)
Citation | 2011 (2) ZLR 186 (H) |
Case No | Judgment No. HB-125-11 |
Court | High Court, Bulawayo |
Judge | Mathonsi J |
Heard | 9 September 2011; CAV |
Judgment | 22 September 2011 |
Counsel | G Nyandoro, for the applicants |
Case Type | Civil application |
Annotations | Link to case annotations |
Flynote
Practice and procedure – default judgment – rescission – time limits – need for application for rescission to be made within a month of applicant having knowledge of the judgment – not necessary for application to be heard within that month – delay in making application for rescission of judgment – "good and sufficient cause" for such delay – what applicant needs to prove – need for applicant to set out defence on merits – must establish defence on the merits which cannot be rejected out of hand and which warrants investigation
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