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Harare High Court
Owen Makwena (in his capacity as executor dative for Estate Late Alexander Makwena under DR 1690/01) and Joyce Machirowanda v Sarudzai Makwena (nee Mudzamiri) and Master of the High Court and City of Harare
HH 607-23
Case Details
Court
Harare High Court
Date
9 November 2023
Citation
HH 607-23
Neutral Citation
[2023] ZWHH 607
Outcome
unknown
Case Type
Application
Bench
Presiding
Maxwell J
Full Bench
Maxwell J
Areas of Law
Civil ProcedureSuccession Law
Keywords
rescissiondefault judgmentwillful defaultestate latesurviving spouse
Tags
rescission of default judgmentestate administrationmarriage dispute
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application for rescission of default judgment should be granted","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants' awareness of default order, service at incorrect address"}
- {"issue_text":"Whether applicants were in willful default","issue_type":"mixed","dispositive":"no","related_facts":"Service at Mabvuku address, applicants' actual addresses"}
- {"issue_text":"Whether the application was filed out of time","issue_type":"procedural","dispositive":"no","related_facts":"Date of awareness in July vs September 2022"}
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background
Facts of the Case
Background
The applicants sought rescission of a default judgment that declared the first respondent as the surviving spouse of the deceased Alexander Makwena. The default judgment was granted in HC 6499/21 on 26 May 2022. The applicants, who are the deceased's son and his assistant, claimed they only became aware of the order in September 2022 and that service was improperly effected at an address where they did not reside.
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