Chido Jubilee Makazhu v Alice Hilda Midzi and Freddie Chimbari and The Master of the High Court

HH 140-23

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Case Details

Court

Harare High Court

Date

23 February 2023

Citation

HH 140-23

Neutral Citation

[2023] ZWHH 140

Outcome

unknown

Case Type

Application

Bench

Presiding

WAMAMBO J

Full Bench

WAMAMBO J

Areas of Law

Civil ProcedureSuccession Law

Keywords

rescission of judgmentestate administrationexecutor removalservice of processdefault judgment

Key Issues

{"issue_text":"Whether the applicant has satisfied the requirements for rescission of judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant claims non-service; documentary proof shows service was effected"}
{"issue_text":"Whether the applicant's explanation for default is reasonable","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant claims non-service but was aware of set down date"}
{"issue_text":"Whether the application is bona fide","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant previously sought what the order provides; no retraction of complaints"}

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background

Facts of the Case

Background

The applicant, daughter of the deceased Amos Bernard Muvengwa Midzi, sought rescission of a judgment that removed the second respondent as executor of her father's estate. The judgment was granted in default on 17 November 2021 under HC 5765/21. The applicant claimed she was never served with the application papers.

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