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Harare High Court
Trustees for the Time Being of the Casper Masvikeni Family Trust v Tendai Guruwo and The Registrar of the High Court No.
HH 291-21
Case Details
Court
Harare High Court
Date
11 June 2021
Citation
HH 291-21
Neutral Citation
[2021] ZWHH 291
Outcome
unknown
Case Type
Application
Bench
Presiding
MUZOFA J
Full Bench
MUZOFA J
Areas of Law
Property LawCivil Procedure
Keywords
decree of perpetual silenceinterdictabuse of processSheriff's saletitle transfer
Tags
perpetual silencevexatious litigantabuse of court processsale in execution
legislation
Statutes Cited
- Vexatious Proceedings Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the first respondent's conduct constitutes an abuse of court process warranting a decree of perpetual silence and an interdict.","issue_type":"law","dispositive":"yes","related_facts":"The numerous applications filed by the first respondent, the obtaining of default judgments through chicanery, and the applicant's costs and stress."}
- {"issue_text":"Whether the balance of convenience favors granting the relief sought.","issue_type":"law","dispositive":"yes","related_facts":"The prejudice to the first respondent (additional costs for leave) versus the prejudice to the applicant (continuous litigation, costs, stress)."}
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background
Facts of the Case
Background
The applicant purchased a property at a Sheriff's sale in execution in January 2017 from the first respondent. After the first respondent failed to vacate, an eviction order was granted. The first respondent subsequently filed numerous applications to reverse the sale, including obtaining default judgments through chicanery. The applicant sought an order to restrict the first respondent's future litigation on the matter.
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