Edgars loses bid to keep ZAR1.45 million default judgment against former footwear buyer
A High Court in Zimbabwe has rescinded a default judgment against a former Edgars Stores employee in a R1.45 million lawsuit. The judge ruled that the defendant's case warrants a full trial due to strong prospects of success, despite his previous failure to attend court proceedings.
Why it matters
This case highlights the legal complexities of corporate litigation and the importance of procedural fairness in employment disputes involving significant financial claims.
Former Edgars Stores senior footwear buyer Sikhulile Mazibuko has won a High Court application to overturn a default judgment entered against him in a R1.45 million lawsuit, after the court ruled that his defence raised triable issues that should be determined at a full trial.
In a judgment handed down by Judge President Mary Zimba Dube, the High Court rescinded the default judgment granted under case number HCH2703/24, saying although Mazibuko’s explanation for failing to attend a pre-trial conference was weak, his defence had “strong prospects of success.”
“The applicant demonstrated that he has a strong and arguable defense that carries strong prospects of success. Considering all factors cumulatively, this case deserves to be fully ventilated in a full trial,” Dube ruled.
The judge ordered that the application for rescission be granted, with costs to be in the cause.
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