Believe Guta v Tinasha Leslie Chiwarwa and Pamela Tsitsi Chiwarwa and Nelson Farayi Chiwarwa and Magistrate R. N. Murandu N.O and Clerk of Court – Kadoma N.O and Messenger of Court – Kadoma N.O

HH 282-21

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Case Details

Court

Harare High Court

Date

10 June 2021

Citation

HH 282-21

Neutral Citation

[2021] ZWHH 282

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Tagu J

Full Bench

Tagu J

Areas of Law

Property LawCivil Procedure

Keywords

evictiondefault judgmentrescissionreviewurgent applicationself-actor

Key Issues

{"issue_text":"Whether urgent application for stay of proceedings pending review should be granted","issue_type":"procedural","dispositive":"yes","related_facts":"Default judgment granted, applicant filed review application"}
{"issue_text":"Whether review is appropriate remedy for default judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Default judgment entered, applicant sought review instead of rescission"}

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background

Facts of the Case

Background

The applicant, a self-actor, sought to stay eviction proceedings at Kadoma Magistrates Court pending review of a default judgment. The default judgment was granted against him when his special plea was dismissed in his absence due to illness. He argued the magistrate acted irregularly by proceeding despite medical evidence of his illness.

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