Edith Marume v Josephine Murwira

Key Issues

• {"issue_text":"Whether the default judgment was properly obtained","issue_type":"procedural","dispositive":"no","related_facts":"Entry of appearance to defend on 13 November 2017, service requirements under Rule 49"}
• {"issue_text":"Whether the applicant has established good and sufficient cause for rescission under Rule 63","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's explanation for default, bona fides of application, prospects of success"}
• {"issue_text":"Whether the default was wilful","issue_type":"factual","dispositive":"no","related_facts":"Legal representation of deceased, failure to appear on 25 July 2018"}
• {"issue_text":"Whether the applicant has prospects of success on the merits","issue_type":"factual","dispositive":"no","related_facts":"Nature of property transfer, evidence of donation vs cession in trust"}

Background