HOME OF ANGELS HOUSING CO-OPERATIVE SOCIETY LIMITED AND 5 OTHERS versus CITY OF HARARE

Key Issues

• {"issue_text":"Whether the applicant adopted the correct procedure for rescission of a consent order","issue_type":"procedural","dispositive":"yes","related_facts":"The judgment sought to be rescinded is a consent order, applicant used rule 449(1)(c) instead of rule 56"}
• {"issue_text":"Whether the defence of lis pendens applies due to pending applications","issue_type":"procedural","dispositive":"yes","related_facts":"Multiple pending applications for rescission filed by the same parties on the same matter"}
• {"issue_text":"Whether the deponents had locus standi to apply for rescission","issue_type":"procedural","dispositive":"no","related_facts":"The deponents are the highest-ranking officials of their respective housing co-operatives"}
• {"issue_text":"Whether the acting town clerk had authority to depose to the opposing affidavit","issue_type":"procedural","dispositive":"no","related_facts":"Acting town clerk stated he was authorized to depose to the affidavit"}

Background