Likhwani Ndlovu (N.O) (In his capacity as Executor Dative In E/L Edias Ndlovu DRB 38/21) v Thulani Ndlovu and Nomandla Mkhwananzi and City of Bulawayo and Master of the High Court (N.O)

HB 268/22

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Case Details

Court

Bulawayo High Court

Date

3 November 2022

Citation

HB 268/22

Neutral Citation

[2022] ZWHB 268

Outcome

unknown

Case Type

Application

Bench

Presiding

Makonese J

Full Bench

Makonese J

Areas of Law

Property LawCivil Procedure

Keywords

rescission of judgmentdefault judgmentproperty transferwillful defaultbona fide defence

Key Issues

{"issue_text":"Whether applicant was in willful default","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant failed to serve notice of appearance to defend; took 2 months to file rescission application"}
{"issue_text":"Whether applicant has bona fide defence with prospects of success","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant admits receiving payment but sold property to third party; claims lawyer received 70% of purchase price"}
{"issue_text":"Whether applicant has shown good and sufficient cause for rescission","issue_type":"procedural","dispositive":"yes","related_facts":"Combination of explanation for default, bona fides of application, and bona fides of defence"}

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Facts of the Case

Background

The applicant, acting as executor of an estate, sold immovable property to the first and second respondents but failed to transfer ownership despite receiving full payment. Default judgment was entered against the applicant on 12 April 2022 after he failed to properly serve his notice of appearance to defend. The applicant now seeks rescission of this default judgment.

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