Rapheal Dera Jaravaza v Perpetua Makombe

HMA 29-20

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Case Details

Court

Masvingo High Court

Date

8 July 2020

Citation

HMA 29-20

Neutral Citation

[2020] ZWHMA 29

Outcome

unknown

Case Type

Application

Bench

Presiding

Zisengwe J

Full Bench

Zisengwe J

Areas of Law

Family lawCivil procedure

Keywords

condonationrescission of judgmentcustomary law unionproperty sharingdefault judgment

Key Issues

{"issue_text":"Whether condonation should be granted for late filing of rescission application","issue_type":"procedural","dispositive":"yes","related_facts":"3.5 month delay; applicant's explanation; prospects of success"}
{"issue_text":"Whether applicant has reasonable prospects of success in rescission application","issue_type":"mixed","dispositive":"no","related_facts":"Sale of Dangamvura property in 2015; grave injustice if judgment stands"}

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background

Facts of the Case

Background

The parties were in an unregistered customary law union for over 40 years before separating. The respondent sought sharing of property acquired during the union. After several trial postponements due to applicant's absence, default judgment was entered against him on 2 July 2019. The applicant failed to apply for rescission within the one-month period and now seeks condonation for late filing, claiming he only became aware of the judgment on 16 August 2019.

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