Save Safaris (Pvt) Ltd v H. J. Voster (Pvt) Ltd & 2 Ors

HB 143/23

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Case Details

Court

Bulawayo High Court

Date

20 July 2023

Citation

HB 143/23

Neutral Citation

[2023] ZWHB 143

Outcome

unknown

Case Type

Application

Bench

Presiding

Takuva J

Full Bench

Takuva J

Areas of Law

Property LawCivil Procedure

Keywords

rescissionlocus standiland disputehunting leasedefault judgment

Key Issues

{"issue_text":"Does the applicant have locus standi to apply for rescission of judgments in proceedings to which it was not a party?","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant is a lessee not party to original proceedings; 2nd respondent (lessor) already found to lack locus standi"}
{"issue_text":"Was the application for rescission brought within a reasonable time?","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed over 3 years after applicant became aware of orders"}

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background

Facts of the Case

Background

The applicant, a hunting safari company, sought rescission of two court orders affecting land it leased from the Parks and Wildlife Management Authority. The orders had been granted in default against the Minister of Lands in prior proceedings to which the applicant was not a party. The application was brought on the day of trial in eviction proceedings against the applicant.

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