Judgment No. SC 17/18 10 Civil Appeal No. SC 470/15 The first respondent has clearly demonstrated that the judgment debtor’s title to the property merely remained on paper, as she had relinquished all her rights in the property to the first respondent, long before the judgment the appellant seeks to enforce had been granted. The judgment was awarded to the appellant after summons had been served on the first respondent instead of the judgment debtor. The first respondent advised the appellant that he had purchased the property and that the seller no longer stayed on that property, as he was in possession of the property. In spite of being given this information, the appellant applied for and was granted default judgment on the basis of service on the first respondent, well aware that service had not been effected on the judgment debtor. I am satisfied that there are special circumstances in this case, which justify the court a quo’s decision. The appeal has no merit and should be dismissed with costs. It is ordered that: The appeal be and is hereby dismissed with costs. PATEL JA MAVANGIRA JA I agree I agree Kantor & Immerman, appellant’s legal practitioners Mabuye, Zvarevashe, 1st respondent’s legal practitioners