Mollina Mataruse v John Emmanuel Papayiannis

HH 811-17

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Case Details

Court

Harare High Court

Date

29 November 2017

Citation

HH 811-17

Neutral Citation

[2017] ZWHH 811

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Mwayera J

Full Bench

Mwayera JMunangati-Manongwa J

Areas of Law

Property LawCivil Procedure

Keywords

rescission of consent ordermagistrate courtevictiontitle deedsrent to buy

Key Issues

{"issue_text":"Whether the court a quo erred in dismissing the application for rescission of consent judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Consent judgment entered 21 March 2016, rescission application filed 16 May 2016"}
{"issue_text":"Whether the application for rescission was brought within reasonable time","issue_type":"procedural","dispositive":"no","related_facts":"Judgment 21 March 2016, application 16 May 2016"}
{"issue_text":"Whether good and sufficient cause was shown for rescission","issue_type":"mixed","dispositive":"yes","related_facts":"Alleged lack of mandate to legal practitioner, rent-to-buy claim"}

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Facts of the Case

Background

The appellant, a widow, occupied house number 265/8 Mbizo, Kwekwe through her late husband who had entered a rent-to-buy arrangement with the original owner. After her husband's death, the respondent acquired title to the property from the local authority and instituted eviction proceedings. A consent judgment was entered on 21 March 2016 ordering the appellant to vacate by 30 June 2016. The appellant applied for rescission alleging her legal practitioner had no mandate to consent.

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