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This is one such case in which condonation is sought for late noting of an application for rescission of a default judgment pertaining to a divorce order granted in the unopposed motion court on the 8th of April 2019 upon the applicant’s failure to attend trial. Rescission of a default judgment in terms of r27 of the High Court Rules 2021 must generally be pursued within one month of a party getting to know of such judgment. Where a party has not sought rescission within the requisite time frame, then such party must to seek condonation first to be permitted... More

At the hearing of the application I dismissed it with costs. The applicant has requested for written reasons for the dismissal. More

The first, second and third respondents opposed the application on the grounds that, firstly, in limine, it was not urgent, it failed to disclose material facts and therefore sought to mislead the court and finally that it was fatally defective for failing to comply with the rules. Secondly, on the merits, the respondents argued that the review being sought has no merit as the fourth respondent acted properly in dismissing applicant’s ex parte application, no act of spoliation has in fact been committed as the first and second respondents have filed a complaint in terms Gazetted Lands (Consequential Provisions) Act... More

By default judgment of this court per MUREMBA Jgranted in Case no. HC 4536/16 on 8 April 2019. The respondent who was then married to the applicant was successful in obtaining an order of divorce with ancillary relief. The order ended the parties’ marriage. The applicant was adjudged to be in default. Amongst other orders granted in the divorce order was a declaration that two properties namely Stand 1127 Uplands, Waterfalls, Harare and House No. 14208-2 Kuwadzana, Harare be declared the sole and exclusive e properties of the respondent. More

The plaintiff’s claim as amended is for: “Transfer of subdivision of Lot 1 of Lot 310 Block B Hatfield Estate upon payment to the defendants of the balance of the purchase price being the sum of $50 million. Alternatively, damages in the sum of the purchase price of 2000 square meters of land in the same locality as Hatfield, as at the date of judgment.” The plaintiff’s claim emanates from an agreement of sale that was executed on 14 May 2004. The agreement reflects that it was executed by and between Ndoda Hondo and the plaintiff. It reflects that Ndoda... More