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Supreme Court
Evison Zuze v The Trustees of Bongayi Rushworth Mlambo & Anor (Jealous Marimudza)
SC 69/2019
Case Details
Court
Supreme Court
Date
19 September 2019
Citation
SC 69/2019
Neutral Citation
[2019] ZWSC 69
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Patel JA
Full Bench
Patel JAMavangira JAMakoni JA
Areas of Law
Property LawConstitutional LawCivil Procedure
Keywords
rescissiondefault judgmentevictionsection 74 Constitutionarbitrary evictionsubdivisionRegional Town and Country Planning Act
Tags
rescission of judgmentdefault judgmentevictionconstitutional right to housingsubdivision
legislation
Statutes Cited
- Constitution of Zimbabwe
- Regional Town and Country Planning Act
- High Court Rules 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether default judgment was granted in error under r 449(1)(a) where first respondent was mere purchaser","issue_type":"mixed","dispositive":"yes","related_facts":"First respondent not registered owner; eviction order granted"}
- {"issue_text":"Whether failure to consider appellant's home status under s 74 Constitution constituted error","issue_type":"constitutional","dispositive":"yes","related_facts":"Appellant occupied property nine years as home; not cited"}
- {"issue_text":"Whether s 39(1) Regional Town and Country Planning Act was applicable","issue_type":"procedural","dispositive":"no","related_facts":"Property not lawfully subdivided"}
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background
Facts of the Case
Background
The appellant occupied a portion of property in Borrowdale for nine years after purchasing it from the second respondent, who had bought from the first respondent. When the first respondent sued the second respondent for breach of their sale agreement and obtained a default eviction order in HC 9554/16, the appellant was evicted. He sought rescission of that judgment, arguing the court erred in granting eviction in favour of a mere purchaser and without considering his constitutional right under s 74.
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