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Harare High Court
Claudious Mapedzamombe v Emily Mhini
HH 90-13
Case Details
Court
Harare High Court
Date
7 March 2013
Citation
HH 90-13
Neutral Citation
[2013] ZWHH 90
Outcome
unknown
Case Type
Application
Bench
Presiding
MAKONI J
Full Bench
MAKONI J
Areas of Law
Property LawCivil Procedure
Keywords
Perpetual silenceRescission of judgmentLeave to institute proceedingsContempt of court
Tags
Property disputesPerpetual silence orderRescission of judgment
legislation
Statutes Cited
- No statutes were explicitly cited or quoted in this judgment
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant can proceed with the application while in contempt of the order he seeks to set aside","issue_type":"procedural","dispositive":"no","related_facts":"Applicant has not sought leave to file current application"}
- {"issue_text":"Whether the applicant seeks rescission of judgment or leave to institute proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"Founding affidavit mentions rescission, draft order seeks leave"}
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background
Facts of the Case
Background
The applicant was formerly registered owner of Stand 606 Northwood Township 4 of Sumben. The property was sold in execution and transferred to the respondent on 24 November 1992. The applicant instituted multiple cases against the respondent, culminating in a 1999 High Court order of perpetual silence requiring the applicant to seek leave before instituting any proceedings relating to the property. The applicant now seeks to set aside this order.
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