Marisa and 4 Others Marisa and 4 Others (121 of 2023) [2022] ZWHHC 121 (12 October 2022)

Marisa and 4 Others Marisa and 4 Others (121 of 2023) [2022] ZWHHC 121 (12 October 2022)

Applicants failed to provide good and sufficient cause to set aside the consent judgment, as required by Rule 21(2), and their allegations were unsupported and contradicted by the record.

Citation
[2022] ZWHHC 121
Parties
Applicant: Roy Jaison Marisa; Applicant: Hilary Marisa; Applicant: Henry Marisa; Applicant: Musafara Marisa; Applicant: Steven Marisa; Respondent: Alex Marisa; Respondent: Auxilia Marisa; Respondent: Memory Marisa; Respondent: Mirirai Marisa; Respondent: Jennifer Muzanenhamo
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
12 October 2022
Case Number
121 of 2023
Procedural Posture
Application for Rescission of Judgment / Judgment After Opposed Hearing
Outcome
application dismissed
Legal Topics
Rescission of Consent Judgment, Intestate Succession, Ejectment
Source Language
English
Civil Procedure Succession Rescission of Consent Judgment Intestate Succession Ejectment

Case Brief

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Parties

Roy Jaison Marisa

Applicant

Hilary Marisa

Applicant

Henry Marisa

Applicant

Musafara Marisa

Applicant

Steven Marisa

Applicant

Alex Marisa

Respondent

Auxilia Marisa

Respondent

Memory Marisa

Respondent

Mirirai Marisa

Respondent

Jennifer Muzanenhamo

Respondent

Procedural Posture

Application for Rescission of Judgment / Judgment After Opposed Hearing

Legal Issues

  1. 1 Whether the consent judgment should be rescinded for lack of applicant's authority or fraud
  2. 2 Whether the applicants met the good and sufficient cause requirement under Rule 21(2)

Ratio Decidendi

Applicants failed to provide good and sufficient cause to set aside the consent judgment, as required by Rule 21(2), and their allegations were unsupported and contradicted by the record.

Court Disposition

application dismissed

Orders

  • The application for rescission of a consent judgment is dismissed.
  • Applicants shall bear the respondents’ costs.