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Bulawayo High Court
Parks and Wildlife Management Authority v H J Vorster (Pvt) Ltd and Minister of Lands Agriculture and Rural Resettlement N.O.
HB 64-20
Case Details
Court
Bulawayo High Court
Date
11 May 2020
Citation
HB 64-20
Neutral Citation
[2020] ZWHB 64
Outcome
unknown
Case Type
Application
Bench
Presiding
MAKONESE J
Full Bench
MAKONESE J
Areas of Law
Civil ProcedureProperty Law
Keywords
rescissionfunctus officiolocus standititle deederror
Tags
rescission of judgmentlocus standiRule 449abuse of court process
legislation
Statutes Cited
- High Court (Civil) Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Does the Parks and Wildlife Management Authority have locus standi to seek rescission of a judgment to which it was not a party?","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant not party to original proceedings; applicant's statutory mandate does not include State land allocation"}
- {"issue_text":"Was the application an abuse of court process designed to circumvent previous dismissal of similar application?","issue_type":"procedural","dispositive":"no","related_facts":"2nd respondent's previous rescission application dismissed; applicant and 2nd respondent colluded to bring application"}
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background
Facts of the Case
Background
The Parks and Wildlife Management Authority sought rescission of a 2018 order amending a 2017 judgment, claiming it was erroneously granted. The Authority was not a party to the original proceedings but sought to invoke Rule 449 more than a year later, alleging the amended order contained errors regarding title deed numbers.
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