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Bulawayo High Court
C.G. ToMMY v Michael John Gunn and Lindy Gunn
HB 23/19
Case Details
Court
Bulawayo High Court
Date
11 February 2019
Citation
HB 23/19
Neutral Citation
[2019] ZWHB 23
Outcome
unknown
Case Type
Appeal
Bench
Presiding
MAKONESE J
Full Bench
MAKONESE JMOYO J
Areas of Law
Property LawCivil Procedure
Keywords
evictionarrear rentalswillful defaultbona fide defencepre-trial conference
Tags
evictionarrear rentalswillful defaultbona fide defence
legislation
Statutes Cited
- None identified in the judgment
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the appellant was in willful default in failing to attend the pre-trial conference","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant and legal practitioner failed to attend despite due notification; no reasonable explanation provided"}
- {"issue_text":"Whether the appellant had a bona fide defence to the respondent's claims","issue_type":"mixed","dispositive":"yes","related_facts":"No written agreement of sale; no evidence supporting ownership claim; estate wound up without property inclusion"}
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background
Facts of the Case
Background
The appellant appealed against a magistrate's decision striking out her defence in an eviction action. The respondents sought eviction and payment of arrear rentals for a property in Bulawayo. The appellant and her legal practitioner failed to attend the pre-trial conference, leading to the defence being struck out.
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