Moses Nhachi v Mosswood Investments (Private) Limited

HH 202-23

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Case Details

Court

Harare High Court

Date

22 March 2023

Citation

HH 202-23

Neutral Citation

[2023] ZWHH 202

Outcome

unknown

Case Type

Application

Bench

Presiding

Chinamora J

Full Bench

Chinamora J

Areas of Law

Property LawCivil ProcedureConstitutional Law

Keywords

rescission of default judgmentarbitrary evictionsection 74 of Constitutionerror in judgment

Key Issues

{"issue_text":"Whether the applicant is entitled to rescission of the default judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant absent from hearing, notice served on mentally challenged gardener"}
{"issue_text":"Whether the default judgment was granted in error by failing to consider section 74 of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"No evidence court considered relevant circumstances before eviction"}
{"issue_text":"Whether the matter was litis contestatio preventing rescission application","issue_type":"procedural","dispositive":"no","related_facts":"Both parties had filed papers before default judgment"}

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background

Facts of the Case

Background

The applicant sought rescission of a default judgment granted against him in eviction proceedings. He failed to appear at the hearing because he was in South Africa and the notice of set-down was served on his mentally challenged gardener. The default judgment was granted without considering section 74 of the Constitution which requires courts to consider all relevant circumstances before evicting someone from their home.

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