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Harare High Court
Ndinatsei Cathrine Mabika v Tapfumanei Ruzvidzo and Chitungwiza Municipality and The Deputy Sheriff and Master of the High Court
HH 282/10
Case Details
Court
Harare High Court
Date
12 January 2011
Citation
HH 282/10
Neutral Citation
[2010] ZWHH 282
Outcome
unknown
Case Type
Application
Bench
Presiding
Chatukuta J
Full Bench
Chatukuta J
Areas of Law
Civil ProcedureProperty LawLegal Professional Conduct
Keywords
rescissiondefault judgmentcosts de bonis propriisprofessional negligenceexecutrixcession of rights
Tags
rescission of judgmentcosts de bonis propriisprofessional negligenceexecutrix
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicant's legal practitioner should bear costs de bonis propriis for proceeding with an application containing falsehoods despite warnings","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant made false statements about when she became aware of judgment; Mr Diza persisted despite warnings"}
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background
Facts of the Case
Background
The applicant, in her capacity as executrix of the late Zivanai Madzinga's estate, sought condonation for late filing of rescission of a default judgment granted against Zivanai Madzinga. The judgment had been granted on 27 February 2008, but Zivanai had died on 18 January 2008 before the judgment was granted. The applicant made false statements about when she became aware of the judgment, claiming October 2009 when she had actually filed a rescission application in July 2008.
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