Eula Chimanikire v Doves Funeral Assurance (Pvt) Ltd & 2 Ors

HH 699-22

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Case Details

Court

Harare High Court

Date

12 October 2022

Citation

HH 699-22

Neutral Citation

[2022] ZWHH 699

Outcome

unknown

Case Type

Application

Bench

Presiding

CHILIMBE J

Full Bench

CHILIMBE J

Areas of Law

Property lawCivil procedureExecution

Keywords

Judicial sale in executionConfirmation of saleRescission of judgmentCondonationDelay

Key Issues

{"issue_text":"Whether applicant should be granted condonation to file application for rescission of judgment out of time","issue_type":"procedural","dispositive":"yes","related_facts":"Multiple delays in prosecution, previous failed applications, passage of 7 years"}
{"issue_text":"Whether applicant has prospects of success in underlying application to set aside judicial sale","issue_type":"mixed","dispositive":"no","related_facts":"Alleged failure to invite objections to sale, unreasonably low price"}

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background

Facts of the Case

Background

Applicant sought to set aside a confirmed judicial sale in execution of her former matrimonial home which occurred in 2015, claiming a 50% undivided share. The property was transferred to first respondent in 2019. Applicant's various applications since 2019 were dismissed for non-prosecution or withdrawn due to defects. The present application for condonation to file rescission application out of time was filed on 20 May 2021.

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