Aretha Manase v Anex Investments (Private) Limited

HH 498-23

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Case Details

Court

Harare High Court

Date

12 September 2023

Citation

HH 498-23

Neutral Citation

[2023] ZWHH 498

Outcome

unknown

Case Type

Application

Bench

Presiding

CHIKOWERO J

Full Bench

CHIKOWERO J

Areas of Law

Property LawCivil Procedure

Keywords

default judgmentrescissionservice of processlease terminationeviction

Key Issues

{"issue_text":"Whether the applicant has shown good and sufficient cause for rescission of the default judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Service at 4 Fairman Close; applicant's explanation for default"}
{"issue_text":"Whether service of summons at 4 Fairman Close was proper and effective","issue_type":"procedural","dispositive":"no","related_facts":"Applicant's address for service; manner of service"}
{"issue_text":"Whether the applicant has a bona fide defence with prospect of success","issue_type":"mixed","dispositive":"yes","related_facts":"Lease agreement; rental payments; termination"}

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background

Facts of the Case

Background

The applicant sought rescission of a default judgment granted against her in an eviction action. The respondent had obtained default judgment for eviction and rental arrears after serving summons at the applicant's chosen address for service. The applicant claimed she was unaware of the summons and that service was defective.

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