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1988 (2) ZLR p210
Practice and procedure — default judgment-rescission of — "good and sufficient cause" therefor — requirements.
Default judgment may be given even if the attempt to enter appearance is only a day or two out of time. While the courts are inclined to frown on plaintiffs who snatch at their judgments, the impression must not be given that the Rules may be flouted with impunity or that rescission of a default judgment given in such circumstances will be granted on request. An acceptable reason must be given for the delay. A defendant who admits that he was negligent in his tardiness may nonetheless be granted rescission if he shows bona fides; indeed, the court might be unjustified in condemning him for a very short delay, although his explanation for it is inadequate, if the defendant were found to be acting bona fide and had a prima facie defence. To show this it is normally sufficient for the defendant to set out averments which, if established at the trial, would entitle him to the relief asked for. However, a bald general denial of liability may not be enough to show bona fides and, particularly where there is a suspicion that the defence is not made bona fide, more specific allegations of fact will be required.
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