Court refuses to grant default judgment

Bhunu dismissed an application by Mr Chiremba for a default judgment, saying the man had adopted the wrong procedure.
Mr Chiremba is contesting the appointment of the six board members on the basis that they were appointed without the authorisation of President Mugabe.

For that reason Mr Chiremba is seeking the setting aside of the decision.
When Mr Chiremba filed his application at the High Court, Minister Mangoma and the board members filed their responses a day after the expiry of the required period.
That prompted Mr Chiremba to file an application for default judgment.

Justice Bhunu ruled that Mr Chiremba was supposed to afford the minister and the board members time to deal with the purportedly defective notice of opposition.
He ruled that Mr Chiremba could have firstly addressed to the defendants due warning on the irregularity of the procedural step before filing an application for default judgment.

“Having regard to the fact that the respondents were out of time by a day, the ends of justice can best be served by giving the respondents a chance to deal with their apparently defective opposing papers.
“Allowing the applicant to snatch a judgment, as it appears to be the case here, can only compromise the ends of justice,” said Justice Bhunu.

 

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