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Harare High Court
Gospel of God Church International,1932 v Magaga Masedza and Reuben Masedza and Rusape Town Council and Zimbabwe Republic Police and Commissioner General of Police and Minister of Local Government and Public Works and The Sheriff of Zimbabwe
HH 556-23
Case Details
Court
Harare High Court
Date
13 October 2023
Citation
HH 556-23
Neutral Citation
[2023] ZWHH 556
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
CHINAMORA J
Full Bench
CHINAMORA J
Areas of Law
Civil ProcedureProperty Law
Keywords
rescission of judgmentRule 29Rule 27default judgmentserviceexhumation order
Tags
exhumationdefault judgmentrescission of judgmentservice of process
legislation
Statutes Cited
- High Court Rules, 2021
- High Court Rules, 2021
- High Court Rules, 2021
- High Court Rules, 2021
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application for rescission of judgment complies with Rule 29 requirements","issue_type":"procedural","dispositive":"yes","related_facts":"Certificate of service, alleged non-service of HC 1785/23"}
- {"issue_text":"Whether the default judgment was erroneously granted","issue_type":"procedural","dispositive":"no","related_facts":"Service of application, certificate of service"}
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background
Facts of the Case
Background
The applicant church sought rescission of a default judgment ordering exhumation of remains from its shrine, claiming the application was not properly served. The court found the certificate of service showed proper service and dismissed the rescission application for non-compliance with Rule 29.
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