Claudio Jume v Wakie Yule and The Sheriff of Zimbabwe N.O.

Key Issues

• {"issue_text":"Whether the first respondent validly served the applicant in HC 3647/17","issue_type":"procedural","dispositive":"no","related_facts":"Default judgment granted on 22 November 2017, supplementary affidavit claimed service"}
• {"issue_text":"Whether the default judgment in HC 3647/17 was fraudulently obtained","issue_type":"mixed","dispositive":"yes","related_facts":"First respondent convicted of perjury, false affidavit used for service"}
• {"issue_text":"Whether the first respondent's claims under the agreement had prescribed","issue_type":"law","dispositive":"yes","related_facts":"Agreement concluded 2010-02-13, HC 1495/13 filed 2013-02-20"}
• {"issue_text":"Whether the agreement was cancelled by the first respondent","issue_type":"fact","dispositive":"yes","related_facts":"Affidavit dated 2 May 2019 cancelling agreement"}
• {"issue_text":"Whether the applicant is entitled to eviction of the first respondent","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant is registered owner, first respondent has no lawful right to occupy"}

Background