Asiyati Phiri and Levison Yard Phiri v Stephen Paradzai and Joyline Mhasho and Registrar of Deeds and Beauty Chakodza

HH 252-11

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Case Details

Court

Harare High Court

Date

22 September 2011

Citation

HH 252-11

Neutral Citation

[2011] ZWHH 252

Outcome

unknown

Case Type

Application

Bench

Presiding

GOWORA J

Full Bench

GOWORA J

Areas of Law

Property lawCivil procedure

Keywords

RescissionDefault judgmentCessionReal rightsPersonal rightsInheritance

Key Issues

{"issue_text":"Whether applicants have locus standi to seek rescission of default judgment granted in 2004","issue_type":"procedural","dispositive":"no","related_facts":"Applicants not parties to 2004 proceedings but claim affected by judgment"}
{"issue_text":"Whether 2004 default judgment was erroneously granted in absence of affected parties","issue_type":"mixed","dispositive":"yes","related_facts":"Yard had acquired rights through cession before judgment; applicants inherited those rights"}
{"issue_text":"Whether court should set aside sale agreement between first and second respondents","issue_type":"mixed","dispositive":"no","related_facts":"Separate proceedings pending for transfer rights"}

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background

Facts of the Case

Background

The applicants sought rescission of a 2004 default judgment that ordered transfer of property rights to the second respondent, arguing they were affected parties as they inherited rights to the same property from Aluna Grace Yard who had acquired rights through cession from the first respondent and Municipality of Kadoma before the disputed judgment was granted.

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