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Harare High Court
James Chigwedere v Mugove Gerald Madzivire and Nyasha Monica Madziyire
HH 454-17
Case Details
Court
Harare High Court
Date
20 July 2017
Citation
HH 454-17
Neutral Citation
[2017] ZWHH 454
Outcome
unknown
Case Type
Application
Bench
Presiding
DUBE J
Full Bench
DUBE J
Areas of Law
Civil procedureAgency lawProperty law
Keywords
condonationrescission of judgmentlate filingprincipal-agentdefault judgment
Tags
CondonationRescission of judgmentPrincipal-agent relationship
legislation
Statutes Cited
- No specific statutes were cited in the judgment.
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant should be granted condonation for late filing of rescission of judgment application","issue_type":"procedural","dispositive":"yes","related_facts":"Delay in filing, explanation for delay, prospects of success"}
- {"issue_text":"Whether applicant has prospects of success on the merits of the main matter","issue_type":"mixed","dispositive":"yes","related_facts":"Principal-agent relationship, unauthorized sale, receipt of payment"}
- {"issue_text":"Whether applicant has provided adequate explanation for the delay","issue_type":"procedural","dispositive":"yes","related_facts":"Timeline of events, affidavit from legal practitioners"}
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background
Facts of the Case
Background
Applicant James Chigwedere launched a project to subdivide his stands in Glen Lorne and gave mandate to sell to Alison Chikava of Ivory Gate (Pvt) Ltd. After discovering the agent was operating without a license, he cancelled the mandate. The agent sold stand 3043 for $80,820 without authority. Default judgment was obtained against applicant on 3 February 2016 after he failed to attend a pre-trial conference. He filed an application for rescission of judgment more than 6 months late.
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