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Harare High Court
Jowett Zinyemba v Tafadzwa Nyakamha and Allen Chapaya and Minister of Local Government Public Works and National Housing and Permanent Secretary for Local Government Public Works and National Housing
HH 108-24
Case Details
Court
Harare High Court
Date
14 March 2024
Citation
HH 108-24
Neutral Citation
[2024] ZWHH 108
Outcome
unknown
Case Type
Application
Bench
Presiding
MHURI J
Full Bench
MHURI J
Areas of Law
Civil ProcedureProperty LawEvidence Law
Keywords
Rescission of default judgmentHearsay evidenceAffidavit commissioningProperty allocationDouble allocation
Tags
Property disputeDefault judgmentRescission of judgmentHearsay evidenceCommissioning of affidavits
legislation
Statutes Cited
- High Court Rules, 2021
- High Court Rules, 2021
- Civil Evidence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the first respondent's opposing affidavit contains inadmissible hearsay evidence","issue_type":"procedural","dispositive":"yes","related_facts":"John Nyakamha deposed affidavit on behalf of first respondent under power of attorney"}
- {"issue_text":"Whether the first respondent's opposing affidavit was properly commissioned","issue_type":"procedural","dispositive":"yes","related_facts":"John altered the computer-generated date on the affidavit"}
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background
Facts of the Case
Background
The applicant sought rescission of a default judgment granted against him in 2020 regarding ownership of Stand No.6003 Dzivarasekwa Extension. The first respondent opposed the application through an affidavit deposed by John Nyakamha (her father) under power of attorney. The applicant raised preliminary points challenging the affidavit as containing hearsay evidence and being improperly commissioned.
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