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Harare High Court
Pepukai Muregi v Ashanti Goldfields Zimbabwe Limited t/a Fredda Rebecca Mine and The Deputy Sheriff
HH 109-11
Case Details
Court
Harare High Court
Date
16 June 2011
Citation
HH 109-11
Neutral Citation
[2011] ZWHH 109
Outcome
unknown
Case Type
Application
Bench
Presiding
Gowora J
Full Bench
Gowora J
Areas of Law
Civil ProcedureProperty Law
Keywords
rescissiondefault judgmentevictionservice of summonswilful default
Tags
rescission of judgmentevictiondefault judgmentservice of process
legislation
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant established good and sufficient cause for rescission of default judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's denial of personal service; documentary evidence of property purchase"}
- {"issue_text":"Whether applicant was in wilful default","issue_type":"procedural","dispositive":"no","related_facts":"Deputy Sheriff's return of personal service; applicant's failure to provide supporting affidavit"}
- {"issue_text":"Whether applicant has bona fide defence with prospects of success","issue_type":"mixed","dispositive":"no","related_facts":"Documentary evidence of purchase agreement and payments"}
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background
Facts of the Case
Background
The applicant, a former employee of the respondent company, sought rescission of a default judgment for eviction granted against him on 26 June 2008. He claimed he was not personally served with summons and that he had purchased the property in question rather than merely renting it.
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