Allen Kutsawa v Kenisia Nyakuchena and Anna Kutsawa

HMT 31-21

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Case Details

Court

Mutare High Court

Date

3 June 2021

Citation

HMT 31-21

Neutral Citation

[2021] ZWHMT 31

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Mwayera J

Author

Muzenda J

Full Bench

Mwayera JMuzenda J

Areas of Law

Property lawCivil procedure

Keywords

Rescission of judgmentLocus standiDefault judgmentEvictionInheritance

Key Issues

{"issue_text":"Whether the appellant had locus standi to apply for rescission of judgment under Order 30 rule 4","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant was not party to original proceedings but occupied the land"}
{"issue_text":"Whether the appellant used the correct procedure by applying for rescission rather than review","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant applied under Order 30 rule 4"}
{"issue_text":"Whether costs should have been awarded on legal practitioner-client scale","issue_type":"discretionary","dispositive":"no","related_facts":"Court a quo awarded punitive costs"}

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background

Facts of the Case

Background

The appellant appealed against the dismissal of his application for rescission of a default judgment that had been granted in 2014 evicting the second respondent and all occupying through her from a piece of land in Nyanga. The appellant, who occupied the land, claimed he inherited it from his deceased father and had not been a party to the original proceedings.

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