Lilian Alice Makiwa – Jakazi v Lycias Muzvondiwa (1) and City of Kadoma (2) and Clerk of Court, Kadoma Civil Magistrates Court N.O. (3) and Master of the High Court N.O. (4) and Sheriff for Zimbabwe N.O. (5)

Key Issues

• {"issue_text":"Whether the first respondent is barred due to non-compliance with rule 59(8) of the High Court Rules, 2021","issue_type":"procedural","dispositive":"yes","related_facts":"Failure to serve notice of opposition and file certificate of service"}
• {"issue_text":"Whether the certificate of heir issued under case number WE4/104/94 is valid","issue_type":"law","dispositive":"no (not reached due to procedural bar)","related_facts":"Fraudulent exclusion of siblings, improper edict meeting"}
• {"issue_text":"Whether the applicant is the rightful owner of the property","issue_type":"fact","dispositive":"no (not reached on merits)","related_facts":"1981 award, memorandum of agreement, payment of arrears"}
• {"issue_text":"Whether the opposing papers are fatally defective for non-compliance with rule 58(2)(c) and (d)","issue_type":"procedural","dispositive":"no (not reached)","related_facts":"Lack of address for service, missing index"}

Background