Search by party name, citation, or a phrase from the judgment and move straight to the right volume.
Access noteResults only include content available on your current tier. If you do not have full case access, results from restricted case content will not appear.
Sign in to continue browsing Zimbabwe Law Reports.
Search by party name, citation, or a phrase from the judgment and move straight to the right volume.
Access noteResults only include content available on your current tier. If you do not have full case access, results from restricted case content will not appear.
Sign in to continue browsing Zimbabwe Law Reports.
Practice and procedure - judgment - default judgment - rescission - grounds for - "wilful default" on part of applicant - meaning - order granted in error - may be set aside on application by either party
Practice and procedure - striking out - of defence - must be on application by other party - not competent for judge to strike out defence mero motu
An applicant for rescission of default judgment cannot be said to be in "wilful default" where he had no knowledge of the proceedings or that the matter had been set down.
⊡ A judge has no power to strike out a defendant's defence mero motu for failure to comply with directions in terms of r 182 of the High Court Rules. There must, in addition to the failure, be an application by the other party.
An order granted in error in the absence of any party affected by it may, on application by any party affected, be set aside in terms of r 449 of the High Court Rules, 1971.
Sign in or create a free account — you get 2 full-case reads included.