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Harare High Court
Arosume Property Development Private Limited v Godfrey Madiro Fungurani and Tsitsi Margaret Mukamba
HH 805-18
Case Details
Court
Harare High Court
Date
7 December 2018
Citation
HH 805-18
Neutral Citation
[2018] ZWHH 805
Outcome
unknown
Case Type
Application
Bench
Presiding
Muzofa J
Full Bench
Muzofa J
Areas of Law
Contract lawCivil procedure
Keywords
CondonationRescission of judgmentDomicillium citandi et executandiService of process
Tags
Property sale agreementConstruction agreementSpecific performanceDefault judgment
legislation
Statutes Cited
- High Court Rules of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether condonation should be granted for late filing of rescission application","issue_type":"procedural","dispositive":"yes","related_facts":"6-month delay, lack of reasonable explanation for default"}
- {"issue_text":"Whether there was valid service at the domicillium address","issue_type":"procedural","dispositive":"no","related_facts":"Service at 315 Carrick Creagh, applicant had moved"}
- {"issue_text":"Whether the applicant has prospects of success on merits","issue_type":"mixed","dispositive":"no","related_facts":"Payment disputes, respondents' proof of payments"}
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background
Facts of the Case
Background
The applicant sought condonation for late filing of an application for rescission of a default judgment. The parties had entered into two agreements for sale of immovable property and construction of a villa. The respondents allegedly defaulted on payments, leading to cancellation of agreements. The respondents then obtained a default order for specific performance compelling transfer of the property.
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