John Josias Moyo and Brian Moyo and Digilan Investments (Pvt) Ltd v Barbra Lunga (In her capacity as Liquidator of Spoornet Investments (Pvt) Ltd)

HB 258/20

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Case Details

Court

Bulawayo High Court

Date

18 July 2018

Citation

HB 258/20

Neutral Citation

[2018] ZWHB 258

Outcome

unknown

Case Type

Application

Bench

Presiding

Mabhikwa J

Full Bench

Mabhikwa J

Areas of Law

Civil procedureProperty lawService of process

Keywords

Rescission of judgmentDefault judgmentSummary judgmentService of processExecutionProperty sale

Key Issues

{"issue_text":"Whether the applicants were properly served with the summary judgment application","issue_type":"procedural","dispositive":"yes","related_facts":"Service at Benatar Way address, renunciation of agency"}
{"issue_text":"Whether the applicants had knowledge of the judgment earlier than claimed","issue_type":"fact","dispositive":"yes","related_facts":"Service attempts, notification letters, timing of application"}
{"issue_text":"Whether the application for rescission was filed within the required time limits","issue_type":"procedural","dispositive":"yes","related_facts":"Date of knowledge, date of application filing"}

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background

Facts of the Case

Background

Applicants sought rescission of a default judgment granted against them in HC 296/13 on 11 April 2013. They claimed they only became aware of the judgment on 20 October 2015 when a notice to attach and sell their property was found. The court found that the applicants had knowledge of the judgment much earlier and dismissed the application for rescission.

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