Mordecai Pedzi v Least Katsande Savanhu

HH 758-22

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Case Details

Court

Harare High Court

Date

27 October 2022

Citation

HH 758-22

Neutral Citation

[2022] ZWHH 758

Outcome

unknown

Case Type

Application

Bench

Presiding

KATIYO J

Full Bench

KATIYO J

Areas of Law

Civil ProcedureProperty LawCompany Law

Keywords

rescissiondefault judgmentserviceejectmentcorporate personalitywillful default

Key Issues

{"issue_text":"Whether proper service was effected in terms of rule 15(13)(i)","issue_type":"procedural","dispositive":"no","related_facts":"Service at property, premises manned by applicant's family"}
{"issue_text":"Whether applicant can be separated from the purported lease holder company","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant claims to be only director, no lease produced, corporate veil argument"}
{"issue_text":"Whether applicant was in willful default","issue_type":"factual","dispositive":"yes","related_facts":"Failed to file plea, ignored court process"}
{"issue_text":"Whether applicant has prospects of success in the main matter","issue_type":"mixed","dispositive":"yes","related_facts":"No lease agreement, no defense to vindicatory claim"}

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background

Facts of the Case

Background

The applicant sought rescission of a default judgment ordering his ejectment from property number 10 Knightsbridge Rd, Highlands Harare. The judgment was granted after the applicant failed to file a plea within the prescribed time limit. The applicant claimed improper service and that he was not the leaseholder but merely a director of a company occupying the premises.

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