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Bulawayo High Court
Mhlasela Moyo and Thembelihle Moyo v Thandiwe Sibanda N.O. (In her capacity as Executrix Dative in Estate Late Mthokozelwa Sibanda) and Reason Ndabalime and The City of Bulawayo and The Assistant Master of the High Court N.O.
HB 232-22
Case Details
Court
Bulawayo High Court
Date
15 September 2022
Citation
HB 232-22
Neutral Citation
[2022] ZWHB 232
Outcome
unknown
Case Type
Condonation
Bench
Presiding
KABASA J
Full Bench
KABASA J
Areas of Law
Property lawCivil procedureEstate law
Keywords
CondonationRescissionFraudEstateExecutrix dative
Tags
Estate administrationFraudulent saleRescission of judgment
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicants have shown good cause for condonation for late filing of rescission application","issue_type":"procedural","dispositive":"yes","related_facts":"Delay of approximately 3 months, explanation provided, prospects of success"}
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background
Facts of the Case
Background
The applicants, husband and wife, purchased a property from the second respondent who fraudulently claimed to be the seller. The property belonged to Mthokozelwa Sibanda who had died, and his sister (first respondent) was later appointed executrix dative. A default judgment was granted against the applicants in HC 2726/19 ordering eviction. The applicants sought condonation to file a rescission application out of time.
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