Elizabeth Majondo v Erenius Kufakunesu Makwanya

HH 251-17

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Case Details

Court

Harare High Court

Date

26 April 2017

Citation

HH 251-17

Neutral Citation

[2017] ZWHH 251

Outcome

unknown

Case Type

Application

Bench

Presiding

CHAREWA J

Full Bench

CHAREWA J

Areas of Law

Family lawCivil procedure

Keywords

RescissionDefault judgmentMatrimonial propertyProperty saleThird party rights

Key Issues

{"issue_text":"Does the applicant have good and sufficient cause for rescission of the default judgment of 31 March 2015?","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's failure to appear at hearing due to lawyer's negligence"}
{"issue_text":"Did the applicant have a bona fide defence to the main matter with prospects of success?","issue_type":"mixed","dispositive":"yes","related_facts":"1995 court order terms, property registration, sale circumstances"}

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background

Facts of the Case

Background

The applicant sought rescission of a default judgment that dismissed her earlier application for rescission of a 2010 order compelling transfer of matrimonial property. The property had been sold by her former husband in accordance with a 1995 court order, but she claimed she was not consulted and did not receive her share of the proceeds.

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