Claude Arthur Zangel v Harry Peter Wilson and Registrar of Deeds, N.O and Additional Sheriff of Zimbabwe, Bulawayo, N.O

HB 53-19

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Case Details

Court

Bulawayo High Court

Date

11 April 2019

Citation

HB 53-19

Neutral Citation

[2019] ZWHB 53

Outcome

unknown

Case Type

Application

Bench

Presiding

MAKONESE J

Full Bench

MAKONESE J

Areas of Law

Property lawCivil procedure

Keywords

Default judgmentRescissionProperty transferDeed of transferConflict of interest

Key Issues

{"issue_text":"Whether the default judgment was erroneously sought and obtained due to improper barring procedure","issue_type":"procedural","dispositive":"yes","related_facts":"Notice of Intention to Bar filed without certificate of service; no registrar stamp indicating bar was effected"}
{"issue_text":"Whether the application for rescission was brought within reasonable time","issue_type":"procedural","dispositive":"no","related_facts":"Judgment granted 2012, applicant aware 2018, application filed promptly thereafter"}

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background

Facts of the Case

Background

The applicant sought rescission of a default judgment granted on 4 October 2012 ordering transfer of property to the first respondent. The applicant contended he was unaware of the judgment until January 2018 and that the barring procedure was not properly followed. The first respondent had the property transferred to his name in November 2017.

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