ZUZE v TRUSTEES OF BONGAYI RUSHWORTH MLAMBO & ANOR 2019 (3) ZLR 561 (S)

2019 (3) ZLR p561

Flynote

Constitutional law – Constitution of Zimbabwe 2013 – Declaration of Rights – freedom from arbitrary eviction from home (s 74) – what constitutes home for purposes of section – whether includes person in illegal occupation – procedural right not to be evicted without consideration by court of all relevant circumstances – effect of failure by court granting order for eviction by default to hear from occupant and to be apprised of and to take account of certain relevant factual matters

Practice and procedure – judgment – default judgment – rescission of default judgment – type of error envisioned for rescission – whether includes both errors of fact and errors of law

Words and phrases – "home"