V Saitis & Co (PVT) LTD v Fenlake (PVT) LTD 2002 (1) ZLR 378 (H)

 Mr T Biti for the applicant – practice and procedure. The test for recession of a judgement, whether under r 63 if the High court rules, 1971 or Order 30 of the magistrates court civll rules, 1980 is but one : The applicant has to establish good an sufficient cause or more simply sufficient cause of the relief he seeks. Under order 30 of the magistrate court civil rules, rescission cannot be granted if the applicant was in wilful default, but absence of wilful default does not necessarily mean that rescission must be granted: the applicant must still establish good and sufficient cause for rescission of judgments under the common law and under any enactment other than the magistrates court Act [chapter 7:10], wilful default is only one of the factors including bona fides and prima facie case, to be considered in deciding whether the applicant has established good and sufficient cause for rescission

Where a party deliberately and with full knowledge of the legal consequences, remains from defending an action because he genuinely believes that a defence is not called for, as where he believes that the other party’s claim is ill-founded in law or that he has discharged the obligation giving rise to the other party|s claim, his default cant be regarded as wilful.