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Supreme Court
Constance Dlamini & Flora Todlana Nyoni v Simela Dube & Nobuhle Dube & Job Sibanda
SC 122/22
Case Details
Court
Supreme Court
Date
22 March 2022
Citation
SC 122/22
Neutral Citation
[2022] ZWSC 122
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Guvava JA
Full Bench
Guvava JAUchena JAChitakunye JA
Areas of Law
Property LawCivil Procedure
Keywords
rescissiondefault judgmentgood and sufficient causepower of attorneyproperty transactionservice of process
Tags
rescission of judgmentdefault judgmentpower of attorneyproperty salespecial power of attorney
legislation
Statutes Cited
- High Court Rules, 1971
- Constitution of Zimbabwe, 2013
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the court a quo erred in dismissing the first appellant's application for rescission of judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Improper service of summons, appellant's lack of knowledge, Oberholzer's incapacitation"}
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background
Facts of the Case
Background
The first appellant, an 85-year-old retired nurse based in London, owned property in Bubi District and granted special power of attorney to her legal practitioner Oberholzer to subdivide and sell portions except Lot 9 which she reserved for herself. After Oberholzer suffered a stroke, the first and second respondents obtained default judgment for transfer of Lot 9. The appellants sought rescission of this judgment.
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