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Bulawayo High Court
Anywhere Jonasi v Daimen Sailasi and The Methodist Church in Zimbabwe and The Registrar of Deeds Bulawayo
HB 108-20
Case Details
Court
Bulawayo High Court
Date
11 June 2020
Citation
HB 108-20
Neutral Citation
[2020] ZWHB 108
Outcome
unknown
Case Type
Application
Bench
Presiding
Mabhikwa J
Full Bench
Mabhikwa J
Areas of Law
Civil ProcedureProperty LawContract Law
Keywords
rescissiondefault judgmentwillful defaultgood and sufficient causeright of first refusallease agreement
Tags
rescission of judgmentdefault judgmentright of first refusallease agreement
legislation
Statutes Cited
- High Court Rules, 1971
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant has shown good and sufficient cause for rescission of default judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's default on 13 March 2018, explanation for default"}
- {"issue_text":"Whether applicant's default was willful","issue_type":"factual","dispositive":"yes","related_facts":"Applicant's explanation for non-attendance on trial date"}
- {"issue_text":"Whether applicant has prospects of success on merits regarding right of first refusal claim","issue_type":"mixed","dispositive":"yes","related_facts":"Alleged right of first refusal, offer to purchase, 2nd respondent's purchase"}
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background
Facts of the Case
Background
Applicant tenant sought rescission of default judgment evicting him from leased property and ordering payment of arrear rentals and holding-over damages, claiming he had right of first refusal to purchase the property and that his default was not willful.
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