PANDHARI LODGE (PVT) LTD

versus

TN HARLEQUIN LUXAIRE (LTD)

HIGH COURT OF ZIMBABWE

MUZOFA J

HARARE, 19 July 2018 & 8 August 2018

Opposed Application

T Thomas, for the applicant

T.W Nyamakura, for the respondent

            MUZOFA J: The applicant seeks a rescission of a default judgment granted by this court on 22 September 2014. In terms of the order the applicant was to pay US$17 255.41 with interest at the rate of 6% from 19 February 2014 to the date of full and final settlement.

            It is not in dispute that the respondent issued out summons commencing action which was served on applicant on 19 May 2014. The applicant did not file any opposing papers. The respondent applied for a default judgment which was granted.  A writ of execution was issued for the attachment of applicant’s moveable property. Applicant states that it became aware of the default judgment when the Sheriff went to its premises to attach property.

            According to the applicant’s founding affidavit, it was not in willful default. When the summons was served it did not see the summons. The summons was discovered on 22 July 2014 in a drawer that was used by students on attachment and had since left. Upon such discovery the summons was sent to its legal practitioners who entered an appearance to defend. It was upon perusing the chamber application for a default judgment filed by the respondent that it established