Kundai Makuzva & Yeukai Cheu (Nee Makuzva) v Viola Machera (Nee Makuzva) & Nhengomasha Trust & Wilson Manase N.O. & Master of the High Court & The Registrar of Deeds & Virimai Makuzva

SC 25/25

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Case Details

Court

Supreme Court

Date

13 March 2025

Citation

SC 25/25

Neutral Citation

[2025] ZWSC 25

Outcome

unknown

Case Type

Condonation and Reinstatement Application

Bench

Presiding

Bhunu JA

Full Bench

Bhunu JA

Areas of Law

Civil procedureSupreme Court RulesEstate lawProperty law

Keywords

CondonationReinstatementService of processStruck off rollNullityRule 11Rule 37Rule 70

Key Issues

{"issue_text":"Can a matter struck off the roll for non-compliance be reinstated?","issue_type":"procedural","dispositive":"yes","related_facts":"Matter struck off for want of proper service"}
{"issue_text":"Whether the applicants must first purge their contempt before seeking reinstatement","issue_type":"procedural","dispositive":"no","related_facts":"Applicants had not yet served sixth respondent"}

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background

Facts of the Case

Background

The applicants sought condonation and reinstatement of an appeal that had been struck off the roll for failure to properly serve the sixth respondent. The appeal related to an eviction order concerning a farm that had been bequeathed to a non-existent trust and subsequently transferred to the first respondent who sold it to the second respondent.

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