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Harare High Court
The Minister of Local Government and National Housing and Minister of Justice and Legal Affairs v Langton Chigwida and J Kmwatsiya
HH 02/11
Case Details
Court
Harare High Court
Date
12 January 2011
Citation
HH 02/11
Neutral Citation
[2011] ZWHH 02
Outcome
unknown
Case Type
Application
Bench
Presiding
CHATUKUTA J
Full Bench
CHATUKUTA J
Areas of Law
Civil ProcedureProperty Law
Keywords
rescissiondefault judgmentgood and sufficient causegovernment propertyeviction
Tags
rescission of judgmentdefault judgmentgovernment housingeviction
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicants provided reasonable and acceptable explanation for default","issue_type":"procedural","dispositive":"yes","related_facts":"Counsel's Supreme Court appearance, attempts to notify respondents"}
- {"issue_text":"Whether application for rescission is bona fide and not merely for delay","issue_type":"procedural","dispositive":"yes","related_facts":"Legal practitioners' conduct, stage of proceedings"}
- {"issue_text":"Whether applicants have bona fide defence to respondents' claim","issue_type":"mixed","dispositive":"no","related_facts":"Claim of agreement of sale, evidence already led"}
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background
Facts of the Case
Background
The applicants, government ministers, sought rescission of two default judgments entered against them on 6 February 2002 in eviction proceedings against former prison officers occupying government properties. The judgments were granted when counsel failed to appear due to a scheduling conflict with Supreme Court proceedings.
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