Through its lawyers, Mutamangira and Associates, Zimbabwe Football Association (ZIFA) has filed an application to rescind a default court order granted by Justice Priscila Chigumba in July garnishing its bank account to recover $24 000 it owes The Travel Bureau Private Limited.
In his founding affidavit, ZIFA chief executive officer Mr Joseph Mamutse, argued that the default judgment was granted despite the fact that they filed their opposing papers in time. Part of the affidavit reads:
I humbly submit that the applicant duly and timeously filed its notice of opposition to first respondent’s application (for garnishee order) in case number 5540 /17. The default judgment granted by Honourable Justice Chigumba on the 26th of July 2017 was erroneously granted in the absence of applicant. I am advised that it is impermissible for any applicant to seek default judgment in circumstances where a respondent formally opposes an application within the time period prescribed by the Rules of Court.
More: Herald
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