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Harare High Court
Collin Jimu v Lifesaver Investments (Private) Limited
HH 139-10
Case Details
Court
Harare High Court
Date
14 July 2010
Citation
HH 139-10
Neutral Citation
[2010] ZWHH 139
Outcome
unknown
Case Type
Application
Bench
Presiding
Hungwe J
Full Bench
Hungwe J
Areas of Law
Property LawCivil Procedure
Keywords
rescission of judgmentdefault judgmentevictionrental arrears
Tags
evictionrescission of judgmentdefault judgment
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant is entitled to rescission of default judgment when he cannot demonstrate a plausible defence to the main claim","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's failure to prove rent payments, first respondent's evidence of rental arrears"}
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background
Facts of the Case
Background
The applicant sought rescission of a default judgment granted against him in an eviction matter. He claimed he was not in wilful default due to a court mix-up on the hearing date, but failed to establish a defence to the eviction claim based on rental arrears.
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