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Harare High Court
Marjorie Makarau and Sebastian Makarau v Phillip William
HH 357-17
Case Details
Court
Harare High Court
Date
8 June 2017
Citation
HH 357-17
Neutral Citation
[2017] ZWHH 357
Outcome
unknown
Case Type
Application
Bench
Presiding
Muremba J
Full Bench
Muremba J
Areas of Law
Property LawCivil Procedure
Keywords
rescissiondefault judgmentmisdiarisedevictionproperty disputefraud
Tags
rescission of judgmentdefault judgmentevictionproperty ownershipfraud
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicants have shown good and sufficient cause for rescission of default judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Misdiarisation of trial date, prompt application filing, bona fide defence"}
- {"issue_text":"Whether applicants' explanation for default was reasonable","issue_type":"factual","dispositive":"no","related_facts":"Misdiarisation of 12 October as 13 October, attendance on 13 October"}
- {"issue_text":"Whether applicants have bona fide defence with prospects of success","issue_type":"mixed","dispositive":"no","related_facts":"Allegations of fraudulent title, prior litigation history, occupation since 2007"}
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background
Facts of the Case
Background
The applicants sought rescission of a default judgment ordering them to vacate House number 7434 Unit K, Seke Chitungwiza. The default judgment was granted when they failed to attend court on 12 October 2016, having misdiarised the date as 13 October 2016. The property dispute involved allegations that the respondent's predecessor obtained title fraudulently.
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