Maidei Moreblessing Nyamayaroro v Albert Chitaunhike N.O (in his capacity as Executor Dative of the Estate of the Late Ignatius Nhando Matungamire) and Tendai Nyateka

HH 700-22

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Case Details

Court

Harare High Court

Date

12 October 2022

Citation

HH 700-22

Neutral Citation

[2022] ZWHH 700

Outcome

unknown

Case Type

Application

Bench

Presiding

Chilimbe J

Full Bench

Chilimbe J

Areas of Law

Civil ProcedureProperty LawSuccession Law

Keywords

rescissiondefault judgmentdirect and substantial interestjoinderexecutor dativeverbal leasesubtenantland reform

Key Issues

{"issue_text":"Was the default judgment in HC 1202/21 erroneously granted due to the non-joinder of the applicant?","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant not cited, no communication of interest to court, first respondent’s inquiry ignored"}
{"issue_text":"Does the applicant have a direct and substantial interest in the farm sufficient to justify rescission and joinder?","issue_type":"mixed","dispositive":"yes","related_facts":"Existence of verbal lease, investments made, subtenancy claim"}
{"issue_text":"Was the applicant’s failure to file an answering affidavit fatal to her application?","issue_type":"procedural","dispositive":"yes","related_facts":"No answering affidavit filed, uncontroverted disputes"}

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Facts of the Case

Background

The applicant, Maidei Nyamayaroro, sought rescission of a default judgment obtained in HC 1202/21, in which she was not cited, for eviction from a farm where she claimed a 10-year verbal lease with the deceased landholder. The first respondent, executor of the estate, disputed the lease and asserted she was an unauthorised subtenant of the second respondent. The applicant failed to file an answering affidavit in opposition to the rescission application.

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