Padley Investments (Private) Limited and Pinnacle Property Holdings (Private) Limited and Patricia Tamirepi v Gladmore Chifamba and Mhira Musanhi

HH 252-17

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Case Details

Court

Harare High Court

Date

21 April 2017

Citation

HH 252-17

Neutral Citation

[2017] ZWHH 252

Outcome

unknown

Case Type

Application

Bench

Presiding

Mangota J

Full Bench

Mangota J

Areas of Law

Property lawCivil procedure

Keywords

Property saleDefault judgmentRescissionJoinder of parties

Key Issues

{"issue_text":"Whether the first and second applicants can apply for rescission of default judgment under r 449 (1) (a) when they failed to defend the action","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants were served but did not defend; judgment granted in their absence"}
{"issue_text":"Whether the joinder of the third applicant was procedurally proper","issue_type":"procedural","dispositive":"no","related_facts":"Zhou J directed joinder under r 87 (2) (b); third applicant was served"}

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Facts of the Case

Background

The applicants sold a property to the second respondent who then sold it to the first respondent. The applicants later cancelled the agreement and sold the property to the third applicant. The respondents sued and obtained default judgment against all three applicants. The first and second applicants now seek rescission of that default judgment.

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