Project Management Turkey Projects Zimbabwe (Pvt) Ltd v Phephelaphi Dube N.O. (Representing Musa Ndlovu, a minor) & Anor and 2 Ors

HB 115/23

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Case Details

Court

Bulawayo High Court

Date

29 June 2023

Citation

HB 115/23

Neutral Citation

[2023] ZWHB 115

Outcome

unknown

Case Type

Application

Bench

Presiding

Dube-Banda J

Full Bench

Dube-Banda J

Areas of Law

Property LawCivil Procedure

Keywords

rescissionjudgmentpropertylocus standicondonation

Key Issues

{"issue_text":"Whether the application for rescission was filed within the one-month period prescribed by Rule 29(2)","issue_type":"procedural","dispositive":"no","related_facts":"Applicant became aware on 6 April 2022, application filed on 29 April 2022"}
{"issue_text":"Whether the applicant has locus standi to institute proceedings for rescission","issue_type":"law","dispositive":"no","related_facts":"Applicant was allocated the stand, sold it to Moyo, transfer was blocked by the order"}
{"issue_text":"Whether the order in HC 2039/20 was erroneously sought or erroneously granted in the absence of the applicant","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant was not cited despite having interest in the property, order affected their rights"}

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background

Facts of the Case

Background

The applicant company was allocated stand number 15520 Pumula South by Bulawayo City Council in 2017 and later sold it to Milidza Moyo. However, on 25 March 2021, the first and second respondents obtained a court order in HC 2039/20 compelling the third and fourth respondents to construct a house on the same stand for their benefit, without citing the applicant. The applicant only became aware of this order in April 2022 when attempting to transfer the property to the purchaser.

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