Arthur Shingai Mutasa and Morayford Investments (Private) Limited v Hope Tembo

HH 284-13

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Case Details

Court

Harare High Court

Date

11 September 2013

Citation

HH 284-13

Neutral Citation

[2013] ZWHH 284

Outcome

unknown

Case Type

Application

Bench

Presiding

CHIGUMBA J

Full Bench

CHIGUMBA J

Areas of Law

Civil ProcedureProperty Law

Keywords

rescissiondefault judgmentrule 63leaserenttime limits

Key Issues

{"issue_text":"Whether the application for rescission of default judgment was made within the one-month period prescribed by Rule 63(1)","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed 19 January 2012, awareness since 13 December 2011"}
{"issue_text":"Whether \"making\" an application requires only filing and setting down, or also hearing within the one-month period","issue_type":"procedural","dispositive":"no","related_facts":"Application set down for 15 July 2013"}

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background

Facts of the Case

Background

The applicants sought rescission of a default judgment obtained against them on 7 December 2011. The second applicant had entered into a lease agreement with the respondent for property in Braeside, Harare. The application was filed on 19 January 2012, outside the one-month period prescribed by Rule 63(1), and no condonation was sought.

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