Shepherd Singadi v Tasariravona Tasisio Mandaba & Anor

HMA 15-21

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Case Details

Court

Masvingo High Court

Date

4 March 2021

Citation

HMA 15-21

Neutral Citation

[2021] ZWHMA 15

Outcome

unknown

Case Type

Appeal

Bench

Presiding

WAMAMBO J

Full Bench

Mawadze JWAMAMBO J

Areas of Law

Civil ProcedureContract LawProperty Law

Keywords

rescission of judgmentwilful defaultdefault judgmentmotor vehiclesale agreementbogus legal practitioner

Key Issues

{"issue_text":"Whether the court a quo erred in granting rescission of judgment when it found the first respondent was in wilful default","issue_type":"procedural","dispositive":"yes","related_facts":"First respondent failed to plead timeously; court found wilful default"}
{"issue_text":"Whether the court a quo erred in finding there were triable issues when none were placed before it","issue_type":"procedural","dispositive":"yes","related_facts":"Alleged cancellation of agreement; alleged refund payments"}
{"issue_text":"Whether the court a quo erred in rescinding judgment when the first respondent had no defence on the merits","issue_type":"mixed","dispositive":"yes","related_facts":"Lack of evidence of cancellation; lack of proof of refund payments"}

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background

Facts of the Case

Background

The appellant purchased a Toyota Corona motor vehicle from the first respondent. A dispute arose regarding delivery of the vehicle, leading to summons being issued. The first respondent failed to plead timeously, resulting in a default judgment. The first respondent then applied for rescission of judgment, claiming he had been misled by a bogus legal practitioner and that the sale agreement had been cancelled by mutual consent.

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