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Harare High Court
MV Mooljee and Sons v Samuel Makumbe and Lovemore Nyausaru and Registrar of Deeds Harare
HH 752-17
Case Details
Court
Harare High Court
Date
5 October 2017
Citation
HH 752-17
Neutral Citation
[2017] ZWHH 752
Outcome
unknown
Case Type
Application
Bench
Presiding
MAKONI J
Full Bench
MAKONI J
Areas of Law
Civil ProcedureProperty Law
Keywords
Erroneous judgmentAbsence of partyService irregularityResolution authorization
Tags
Rule 449Default judgmentService of processDomicilium citandiAgreement of sale
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the default judgment granted on 7 September 2015 was erroneously sought or erroneously granted within the meaning of Rule 449(1)(a)","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant claims absence of service; dispute over agreement validity; missing resolution"}
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background
Facts of the Case
Background
The applicant sought to rescind a default judgment granted in 2015, arguing it was erroneously granted because the applicant was never served with summons. Service had been effected at an address listed in an agreement of sale which the applicant claims it never authorized and which contains a false domicilium citandi address.
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