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Harare High Court
Lilian Maruva Masombo v Puzzle Blessing Hlahla
HH 368-17
Case Details
Court
Harare High Court
Date
13 June 2017
Citation
HH 368-17
Neutral Citation
[2017] ZWHH 368
Outcome
unknown
Case Type
Application
Bench
Presiding
Muremba J
Full Bench
Muremba J
Areas of Law
Property lawCivil procedure
Keywords
Rescission of default judgmentImmovable propertyTitle deedsFraudDefault judgmentGood and sufficient cause
Tags
Property disputeDefault judgmentRescission of judgmentImmovable propertyTitle deeds
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether there was good and sufficient cause to rescind the default judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's explanation for default, conduct of her legal practitioners, strength of defence"}
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background
Facts of the Case
Background
The parties dispute ownership of immovable property (Stand 2992, Glen View 2, Harare). Applicant claims she was defrauded by Tafadzwa Mavhunga who transferred the property to himself and sold it to respondent. Respondent obtained title deeds and seeks eviction. Applicant failed to oppose respondent's application for declaratur, resulting in default judgment which she now seeks to rescind.
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