DUBE v PARKVIEW WEIZMAN SPORTS CLUB 2020 (2) ZLR 888 (H)

2020 (2) ZLR p888

Flynote

Practice and procedure – judgment – rescission – judgment granted in error – judgment granted on basis that party was barred for failure to file plea – judge unaware that plea had been filed on same day – time of filing of plea not noted – rescission granted

The applicant sought the rescission of a judgment entered against him on the grounds that he was barred for failure to file a plea. When the applicant had previously delayed in filing his plea to the respondent's declaration, the respondent served him with notice of intention to bar. The applicant then filed a plea. The plea and the notice of intention to bar were date stamped on the same day, although no time was noted for either. There was thus nothing show which was filed first.