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Harare High Court
Roy Jaison Marisa and Hilary Marisa and Henry Marisa and Musafara Marisa and Steven Marisa v Alex Marisa and Auxilia Marisa and Memory Marisa and Mirirai Marisa and Jennifer Muzanenhamo
HH 121-23
Case Details
Court
Harare High Court
Date
12 October 2022
Citation
HH 121-23
Neutral Citation
[2023] ZWHH 121
Outcome
unknown
Case Type
Application
Bench
Presiding
Manyangadze J
Full Bench
Manyangadze J
Areas of Law
Property LawCivil Procedure
Keywords
rescissionconsent judgmentejectmentfarm disputeintestate succession
Tags
rescission of judgmentconsent orderfarm eviction
legislation
Statutes Cited
- High Court Rules, 2021
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the applicants have established good and sufficient cause for rescission of the consent judgment","issue_type":"procedural","dispositive":"yes","related_facts":"Claim that lawyers lacked instructions; 14-year delay"}
- {"issue_text":"Whether the consent judgment was fraudulently obtained","issue_type":"factual","dispositive":"no","related_facts":"Allegations against senior legal practitioners"}
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background
Facts of the Case
Background
The applicants, who are brothers of the late Jeremiah Marisa, sought rescission of a 2007 consent order by which they agreed to vacate Farm No 48 Zinyaningwe, Mashava. The farm had devolved to the respondents through intestate succession from Jeremiah Marisa's estate. The applicants claimed their legal representatives lacked instructions to sign the consent order.
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