Bulchimex Gmbh Import-Export Chemikalien und Produkte v Rajendrakumar Jogi and The Registrar of Deeds (N.O) and The Sheriff of the High Court

HH 390-24

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Case Details

Court

Harare High Court

Date

30 August 2024

Citation

HH 390-24

Neutral Citation

[2024] ZWHH 390

Outcome

unknown

Case Type

Application

Bench

Presiding

Munangati-Manongwa J

Full Bench

Munangati-Manongwa J

Areas of Law

Property LawCivil Procedure

Keywords

Rescission of judgmentDefault judgmentCondonationFraudulent salePeregrine company

Key Issues

{"issue_text":"Whether condonation should be granted for late filing of rescission application","issue_type":"procedural","dispositive":"yes","related_facts":"Delay of 17 months, applicant pursued appeal route, multiple previous applications"}
{"issue_text":"Whether default judgment should be rescinded under Rule 27","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant not in willful default, has bona fide defence, forensic evidence of fraud"}
{"issue_text":"Whether applicant has locus standi and authority to institute proceedings","issue_type":"procedural","dispositive":"no","related_facts":"Board resolutions provided, contradictory information in papers"}

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background

Facts of the Case

Background

A German company (applicant) owned immovable property in Harare that was fraudulently sold to the first respondent through a default judgment. After multiple failed attempts to set aside the judgment, the applicant sought condonation and rescission, claiming the sale was fraudulent and the default judgment was erroneously granted.

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