Catherine MuvunganI v Newham Financial Services (Pvt) Ltd & 6 Ors

HH 57-17

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Case Details

Court

Harare High Court

Date

1 February 2017

Citation

HH 57-17

Neutral Citation

[2017] ZWHH 57

Outcome

unknown

Case Type

Application

Bench

Presiding

Matanda-Moyo J

Full Bench

Matanda-Moyo J

Areas of Law

Property lawCivil procedure

Keywords

Deed of transfer cancellationMortgage bond nullityProperty execution without owner citationRule 449 High Court Rules

Key Issues

{"issue_text":"Whether a judgment declaring property executable can be rescinded when the registered owner was not cited in the proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant was registered owner, not cited in proceedings"}
{"issue_text":"Whether applicant's affidavit was properly commissioned when annexures were not before commissioner","issue_type":"procedural","dispositive":"no","related_facts":"Affidavit commissioned without annexures"}
{"issue_text":"Whether application brought by application procedure was appropriate given alleged disputes of fact","issue_type":"procedural","dispositive":"no","related_facts":"Respondents alleged material disputes of fact"}

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background

Facts of the Case

Background

The applicant sought rescission of a default judgment that declared her immovable property executable in proceedings where she was never cited. The property was sold at auction to the fifth respondent while a mortgage bond had been registered over it as security for a loan obtained by others.

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