Raviro Mapfumo v Regis Mwarire Esquire N.O. (In his capacity as Magistrate) and Hamton Sariya and Takaidza Jeke

HMA 74-20

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Case Details

Court

Masvingo High Court

Date

23 December 2020

Citation

HMA 74-20

Neutral Citation

[2020] ZWHMA 74

Outcome

unknown

Case Type

Review

Bench

Presiding

Zisengwe J

Full Bench

Zisengwe J

Areas of Law

Property LawCivil ProcedureCustomary Law

Keywords

rescission of judgmentspoliationcustomary law unionconsent judgmentevictionunregistered marriage

Key Issues

{"issue_text":"Whether the magistrate erred in dismissing the application for rescission of judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant was not party to eviction proceedings, consent judgment affected her rights"}
{"issue_text":"Whether the magistrate applied the correct test for rescission applications","issue_type":"law","dispositive":"yes","related_facts":"Magistrate used \"good cause shown\" test instead of prima facie defence test"}
{"issue_text":"Whether the application for spoliation should have succeeded","issue_type":"law","dispositive":"no","related_facts":"Eviction was carried out pursuant to court order"}

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Facts of the Case

Background

The applicant, who was in a long-term relationship with the 2nd respondent and had a child with him, was evicted from their shared property after the 2nd respondent sold it to the 3rd respondent. The applicant sought rescission of the consent judgment that authorized her eviction and spoliation to restore her possession, both of which were dismissed by the magistrate.

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