Assemblies of God (Spiritual Movement) v Luckmore Zinyama & 2 Ors and Assemblies of God

Key Issues

• {"issue_text":"Whether the 1st and 2nd applicants have locus standi to seek rescission of default judgment granted only against 3rd and 4th applicants","issue_type":"procedural","dispositive":"no","related_facts":"1st and 2nd applicants not parties to default judgment; eviction order affects all occupying through 3rd and 4th applicants"}
• {"issue_text":"Whether the application is defective for having three founding affidavits instead of one","issue_type":"procedural","dispositive":"no","related_facts":"Each applicant deposed founding affidavit; 3rd applicant deposed composite affidavit for 1st applicant and himself"}
• {"issue_text":"Whether the application sufficiently specifies the rule under which it is made","issue_type":"procedural","dispositive":"no","related_facts":"Application cover cited r 27(1) but contents showed r 29 applicable"}
• {"issue_text":"Whether affidavits with computer-generated dates are properly commissioned","issue_type":"procedural","dispositive":"no","related_facts":"Affidavits bear computer-generated date of 8 November 2023"}
• {"issue_text":"Whether there is good and sufficient cause to rescind the default judgment","issue_type":"mixed","dispositive":"yes","related_facts":"Default resulted from legal practitioner's error; applicants have defense on merits; have been occupying property since 1982"}

Background