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Harare High Court
Revesai Mutambasere & 6 Ors v Tagmass Properties (Private) Limited
HH 100-22
Case Details
Court
Harare High Court
Date
18 February 2022
Citation
HH 100-22
Neutral Citation
[2022] ZWHH 100
Outcome
unknown
Case Type
Appeal
Bench
Presiding
WAMAMBO J
Author
MUCHAWA J
Full Bench
WAMAMBO JMUCHAWA J
Areas of Law
Property LawCivil Procedure
Keywords
evictiondefault judgmentrescissioncondonationland acquisitionPumula Farm
Tags
evictionland reformdefault judgmentrescission
legislation
Statutes Cited
- Constitution of Zimbabwe Amendment (No. 17) Act of 2005
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the appellants offered a reasonable explanation for the 15-year delay in seeking rescission","issue_type":"procedural","dispositive":"yes","related_facts":"Appellants claimed they were advised by Ministry to continue residing; they gave contradictory explanations"}
- {"issue_text":"Whether the appellants have prospects of success on the merits","issue_type":"mixed","dispositive":"yes","related_facts":"Appellants claimed compulsory acquisition; respondent held title deeds; land descriptions differed"}
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background
Facts of the Case
Background
The appellants were evicted from Pumula Farm in 2005 after a default judgment. In 2020, when execution was attempted, they applied for condonation to file late rescission of judgment, claiming the land had been compulsorily acquired by government. The court a quo dismissed the condonation application, finding the 15-year delay inordinate and unexplained.
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