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Harare High Court
Humble Enterprises (Pvt) Ltd v The Trustees for the Time Being of Peter Manjengwa Family Trust and Chitungwiza Municipality
HH 691-22
Case Details
Court
Harare High Court
Date
7 October 2022
Citation
HH 691-22
Neutral Citation
[2022] ZWHH 691
Outcome
unknown
Case Type
Application
Bench
Presiding
CHILIMBE J
Full Bench
CHILIMBE J
Areas of Law
Civil procedureProperty law
Keywords
Rescission of judgmentDefault judgmentGood and sufficient causeWilful defaultProperty ownership
Tags
Rescission of judgmentDefault judgmentProperty dispute
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant has shown good and sufficient cause for rescission of judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's explanation for default, bona fides of application, defence on merits"}
- {"issue_text":"Whether applicant was in wilful default","issue_type":"factual","dispositive":"no","related_facts":"Circumstances at legal firm, intern's failure to attend to notice"}
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background
Facts of the Case
Background
Applicant sought rescission of a default judgment granted against it on 22 March 2022 regarding ownership of Stand 16675 Zengeza 4, Chitungwiza. The default occurred due to circumstances at applicant's former legal practitioners' firm including the death of the principal and departure of the handling lawyer.
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