Rosemary Bastin v Kufa John Madzima (in his capacity as the Executor of the Estate Late Marimo Masawi Madzima)

SC 37/20

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Case Details

Court

Supreme Court

Date

5 March 2020

Citation

SC 37/20

Neutral Citation

[2020] ZWSC 37

Outcome

unknown

Case Type

Appeal

Bench

Presiding

MATHONSI JA

Full Bench

MAKARAU JAMAKONI JAMATHONSI JA

Areas of Law

Property LawCivil Procedure

Keywords

EvictionFraudulent transferImprovements lienCondonationSummary judgment

Key Issues

{"issue_text":"Whether the court a quo erred in dismissing the application for condonation","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant filed heads of argument 18 days late, made oral application from bar"}
{"issue_text":"Whether the court a quo erred in granting summary judgment","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant had no bona fide defence, rights already determined in 2012"}

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background

Facts of the Case

Background

The appellant occupied property transferred to her through fraudulent sale by a law firm without authority. The respondent, as executor of the estate, successfully obtained judgment declaring the transfer fraudulent. When the appellant remained in occupation, the respondent brought eviction proceedings. The appellant opposed but failed to file heads of argument timeously and was barred. Her application for condonation was dismissed and summary judgment granted.

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