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Harare High Court
TINASHE DESHE versus ERIC BULINDA
HH 646-17
Case Details
Court
Harare High Court
Date
27 September 2017
Citation
HH 646-17
Neutral Citation
[2017] ZWHH 646
Outcome
unknown
Case Type
Appeal
Bench
Presiding
CHITAKUNYE J
Author
NDEWERE J
Full Bench
CHITAKUNYE JNDEWERE J
Areas of Law
Property LawCivil Procedure
Keywords
Rescission of JudgmentWilful DefaultStand AllocationEviction
Tags
Land DisputeEvictionDefault Judgment
legislation
Statutes Cited
- Magistrates' Court Act
- Magistrates' Court Civil Rules
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the appellant was in wilful default when he failed to defend the original eviction matter","issue_type":"fact","dispositive":"yes","related_facts":"Appellant's illiteracy, indigence, and eventual seeking of legal aid"}
- {"issue_text":"Whether the appellant agreed that he did not own the property","issue_type":"fact","dispositive":"yes","related_facts":"The document on page 34 of the record"}
- {"issue_text":"Whether the appellant had a defence to offer","issue_type":"mixed","dispositive":"yes","related_facts":"Disputed stand numbers and allocating authorities"}
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background
Facts of the Case
Background
The respondent obtained a default judgment for eviction against the appellant. The appellant applied for rescission, which was dismissed. The appellant appealed, arguing his default was not wilful and that there were disputed facts requiring trial.
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