Manyame & Anor v Karimazondo & Ors (HC 6222 of 2006) [2015] ZWHHC 750 (23 September 2015)

Manyame & Anor v Karimazondo & Ors (HC 6222 of 2006) [2015] ZWHHC 750 (23 September 2015)

There was no error on the part of the court in making the order against the executor; the only error was a typographical one in the court order, not affecting the substance. The application for rescission was not brought within a reasonable time and is dismissed. The registrar is directed to correct the order by deleting the first applicant’s name.

Citation
[2015] ZWHHC 750
Parties
Applicant: Harold Manyame; Applicant: Charles Manyame; Respondent: Emily Karimazondo; Respondent: Property Paradise Real Estate (Pvt) Ltd; Respondent: Nobert H. C. Chiromo; Respondent: National Executor and Trust Services (Pvt) Limited; Respondent: Messrs Chigwanda Legal Practitioners; Respondent: Christian Petus Scholtemeijer N. O.; Respondent: Messrs Mandizha and Company; Respondent: Harare Legal Projects Centre; Respondent: Chitungwiza Town Council; Respondent: The Registrar of Deeds N. O.; Respondent: The Registrar of High Court of Zimbabwe
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
23 September 2015
Case Number
HC 6222 of 2006
Procedural Posture
Opposed Application / Ruling on Application for Rescission of Judgment
Outcome
application dismissed with costs
Legal Topics
Rescission of Judgment, Estate Administration, Joinder of Parties, Court Order Correction
Source Language
English
Civil Procedure Succession Law Rescission of Judgment Estate Administration Joinder of Parties Court Order Correction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Harold Manyame

Applicant

Charles Manyame

Applicant

Emily Karimazondo

Respondent

Property Paradise Real Estate (Pvt) Ltd

Respondent

Nobert H. C. Chiromo

Respondent

National Executor and Trust Services (Pvt) Limited

Respondent

Messrs Chigwanda Legal Practitioners

Respondent

Christian Petus Scholtemeijer N. O.

Respondent

Messrs Mandizha and Company

Respondent

Harare Legal Projects Centre

Respondent

Chitungwiza Town Council

Respondent

The Registrar of Deeds N. O.

Respondent

The Registrar of High Court of Zimbabwe

Respondent

Procedural Posture

Opposed Application / Ruling on Application for Rescission of Judgment

Legal Issues

  1. 1 Whether the applicants are entitled to rescission of the judgment in HC 2788/02 under rule 449
  2. 2 Whether the inclusion of the first applicant's name in the court order was a patent error justifying correction
  3. 3 Whether the application for rescission was brought within a reasonable time

Ratio Decidendi

There was no error on the part of the court in making the order against the executor; the only error was a typographical one in the court order, not affecting the substance. The application for rescission was not brought within a reasonable time and is dismissed. The registrar is directed to correct the order by deleting the first applicant’s name.

Court Disposition

application dismissed with costs

Orders

  • The application is dismissed with costs.
  • The registrar is directed to correct the court order issued on 8 May 2002 by deleting 'H Marume Executor & Trust' and substituting 'National Executor Services' as the first respondent.