Zvidzani Gladman Ushe v City of Bulawayo and Nqobile Ngwenya and Sharon Rose Ruvarashe Ngwenya and Registrar of Deeds N.O.

HB 73/22

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Case Details

Court

Bulawayo High Court

Date

17 March 2022

Citation

HB 73/22

Neutral Citation

[2022] ZWHB 73

Outcome

unknown

Case Type

Application

Bench

Presiding

MOYO J

Full Bench

MOYO J

Areas of Law

Civil ProcedureProperty Law

Keywords

RescissionAffidavitCommissionDefective applicationStruck off roll

Key Issues

{"issue_text":"Whether the founding affidavit was properly commissioned and valid","issue_type":"procedural","dispositive":"yes","related_facts":"The affidavit contained a blank page for commissioning and a photocopy was filed"}
{"issue_text":"Whether the application should be struck off the roll due to the defective affidavit","issue_type":"procedural","dispositive":"yes","related_facts":"The applicant failed to address the defect or seek condonation"}

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background

Facts of the Case

Background

The applicant sought rescission of judgment under Rule 449. The respondents raised a preliminary objection that the founding affidavit was defective as it contained a blank page where it should have been commissioned and a photocopy was filed instead of an original affidavit. The applicant did not address this defect or seek condonation.

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