Mutsa Washe (Zavea) (Private) Limited and Xebio Chaitezvi v Ushehwekunze Housing Co-operative Society Limited

Key Issues

• {"issue_text":"Whether applicants established good and sufficient cause for rescission of default judgment under Rule 63","issue_type":"procedural","dispositive":"yes","related_facts":"Default judgment granted, application filed within time, wrong case number filed"}
• {"issue_text":"Whether the ten day period for filing notice of opposition began on 8 April 2021 or 9 April 2021","issue_type":"procedural","dispositive":"no","related_facts":"Service on legal practitioners, authority to accept service"}
• {"issue_text":"Whether Fungai Nyarota had authority to depose opposing affidavit","issue_type":"procedural","dispositive":"no","related_facts":"Chairperson authority, Ministry letter from 2005"}
• {"issue_text":"Whether applicants have prospects of success in main matter","issue_type":"mixed","dispositive":"yes","related_facts":"Interim relief order still extant, boundary disputes"}

Background