Ruth Mapfumo v Kenneth Mapfumo and The Learned Magistrate Ms N. Murandu and The Director of Housing Kadoma City Council

HH 17-24

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Case Details

Court

Harare High Court

Date

15 January 2024

Citation

HH 17-24

Neutral Citation

[2024] ZWHH 17

Outcome

unknown

Case Type

Review

Bench

Presiding

MUCHAWA J

Full Bench

MUCHAWA J

Areas of Law

Family LawCivil Procedure

Keywords

ReviewBiasDefault judgmentRescissionMagistrateMatrimonial property

Key Issues

{"issue_text":"Whether the trial magistrate was biased in dismissing the application for rescission","issue_type":"mixed","dispositive":"yes","related_facts":"First respondent is clerk at same court; magistrate used repealed rules; ignored notice of opposition on record"}
{"issue_text":"Whether the applicant properly brought this matter by way of review rather than appeal","issue_type":"procedural","dispositive":"no","related_facts":"Grounds largely question conclusions on facts and law"}

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background

Facts of the Case

Background

The applicant and first respondent are husband and wife married under African Marriages Act with ten children. They acquired house number 1481 Waverly Kadoma registered in first respondent's name with applicant as dependent. First respondent purportedly sold the house to Trymore Hamamiti on 9 August 2018 but couldn't complete cession due to applicant's note barring sale. Default order was granted on 11 December 2019, and application for rescission was dismissed on 4 February 2020.

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