Douglas Mamvura v Tendayi Bernadette Hlupo and Credit Insurance Zimbabwe Limited

HH 89-23

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Case Details

Court

Harare High Court

Date

8 February 2023

Citation

HH 89-23

Neutral Citation

[2023] ZWHH 89

Outcome

unknown

Case Type

Application

Bench

Presiding

Bachi Mzawazi J

Full Bench

Bachi Mzawazi J

Areas of Law

Contract LawCivil Procedure

Keywords

rescissiondeed of settlementconsent orderrule 29suretywaiver

Key Issues

{"issue_text":"Was the consent order granted in error warranting rescission under rule 29(1)(a)?","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's waiver of notice, chamber application procedure"}
{"issue_text":"Did the trial court err in granting the order without rule 60(4)(b) certificate?","issue_type":"procedural","dispositive":"no","related_facts":"Rule 60(4) requirements, founding affidavit contents"}

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Facts of the Case

Background

The applicant sought rescission of a consent order registering a deed of settlement, claiming it was granted in error. He had waived his right to notice of the chamber application but later argued the application was defective for non-compliance with rule 60(4)(b). The second respondent, a surety, also sought rescission claiming it was not party to the deed.

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