Charles Chamisa and Winfred Machara v Landberry Trading Private Limited and Zivanai Mukonori and Prosper Mukonori and Zvimba Rural District Council

HH 67-22

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Case Details

Court

Harare High Court

Date

2 February 2022

Citation

HH 67-22

Neutral Citation

[2022] ZWHH 67

Outcome

unknown

Case Type

Application

Bench

Presiding

Bachi Mzawazi J

Full Bench

Bachi Mzawazi J

Areas of Law

Property LawCivil Procedure

Keywords

rei vindicatioland occupationoffer letterappearance to defendupliftment of barwilful default

Key Issues

{"issue_text":"Whether the applicants' 9-day delay in serving appearance to defend constitutes wilful default warranting refusal of upliftment of bar","issue_type":"procedural","dispositive":"no","related_facts":"9-day delay, COVID-19 disruptions, legal practitioner's illness"}
{"issue_text":"Whether the applicants have reasonable prospects of success in the main eviction case","issue_type":"mixed","dispositive":"yes","related_facts":"Applicants occupy state land without authorization, no offer letter/permit/lease produced"}

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background

Facts of the Case

Background

The applicants failed to serve their notice of appearance to defend within the prescribed 7-day period, serving it 9 days late. They sought upliftment of the resulting bar, claiming the delay was due to COVID-19 disruptions and illness of their legal practitioner. The respondents opposed the application, arguing the applicants were wilful defaulters with no prospects of success in the main eviction case.

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