Christopher Murimba and Lynette Murimba v Dominic Saurombe and The Sheriff of the High Court of Zimbabwe N.O and Messrs Mambosasa Legal Practitioners

HH 44-22

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Case Details

Court

Harare High Court

Date

26 January 2022

Citation

HH 44-22

Neutral Citation

[2022] ZWHH 44

Outcome

unknown

Case Type

Application

Bench

Presiding

Bachi-Mzawazi J

Full Bench

Bachi-Mzawazi J

Areas of Law

Property LawCivil Procedure

Keywords

RescissionCommon mistakeHigh Court RulesRegional Town and Country Planning ActDeed of settlement

Key Issues

{"issue_text":"Whether the judgment in HC 9207/14 was granted as a result of a mistake common to both parties under r 449(1)(c)","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants deliberately excluded subdivision clauses; order granted as applied for; no error apparent on record"}
{"issue_text":"Whether the applicants are entitled to rescind an order they themselves sought and which has been complied with","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants drafted and sought the order; first respondent complied by payment; applicants retained payment"}

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background

Facts of the Case

Background

The applicants sought rescission of an alternative order in HC 9207/14 which required the first respondent to pay US$39,440 for 1972m² of land he had encroached upon. The applicants claimed the order was granted through a mistake common to both parties regarding subdivision requirements, while the respondent argued the order reflected the parties' true intentions and had already been complied with.

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