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Harare High Court
Nyarai Mudungwe and Witness Mudungwe v Rhodian Photo and Arosume Property Development (Pvt) Ltd and The Minister of Local Government and Public Works
HH 791-22
Case Details
Court
Harare High Court
Date
9 November 2022
Citation
HH 791-22
Neutral Citation
[2022] ZWHH 791
Outcome
unknown
Case Type
Application
Bench
Presiding
CHILIMBE J
Full Bench
CHILIMBE J
Areas of Law
Civil ProcedureProperty Law
Keywords
rescissiondefault judgmentpoints in liminematerial non-disclosuresharp practice
Tags
rescission of judgmentproperty disputetownship developmentdefault judgment
legislation
Statutes Cited
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ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the points in limine raised by the first respondent should be determined separately from the merits","issue_type":"procedural","dispositive":"no","related_facts":"The objections challenge competency of relief and material non-disclosure"}
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background
Facts of the Case
Background
The applicants seek rescission of a default judgment granted against them concerning rights to Stand 194 Carrick Creagh. The first respondent raised preliminary objections in limine challenging the competency of the relief and alleging material non-disclosure, which the court deferred to determine with the merits.
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