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Condonation or Judicial Indulgence re: Consequential Effects of Negligent Acts of Legal Practitioners

SC17-09 : ELIZABETH MUTIZHE vs LOVENESS GANDA and THE REGISTRAR OF DEEDS and FANNIE MUTIZHE
Ruled By: MALABA DCJ

In Chambers in terms of Rule 31 of the Rules of the Supreme Court (“the Rules”).This is an application for an extension of time in which to note an appeal against the whole judgment of the High Court given on 27 February 2008.The applicant and the third respondent were married ...
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HH159-12 : URMILLA GIGA vs ALBION PROPERTIES and MESSENGER OF COURT HARARE and APPLISET INVESTMENTS (PVT) LTD
Ruled By: UCHENA J

The applicant was the first respondent's tenant at Number 5 Albion House, 74 Harare. She was evicted from the premises without being given 48 hours notice as provided by Rule 4A(1) of Order 26 of the Magistrate's Court (Rules 1980).She seeks an order of this court reinstating her into the ...
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HH66-12 : OTILIAH ZULU vs EZRA ZULU
Ruled By: MAWADZE J

This is an opposed application for rescission of an order of divorce granted by this court on 19 May 2011 in case No. HC3037/10. The order sought by the applicant is couched in the following terms; “IT IS ORDERED 1. That the judgment that was issued in default of filing of a plea by the applicant in case Number ...
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HH99-10 : CRAIG ROBINSON vs ROBERT ROOT PROPERTY CONSULTANTS and HAMMER AND TONGUES (PVT) LTD
Ruled By: MAKARAU JP

In March 2009, the applicant approached this court on a certificate of urgency and obtained a provisional order calling upon the respondents to show cause why they should not be ordered to release certain items of household goods and effects whose details were listed in an annexure to the application.As ...
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SC01-13 : PAUL GARY FRIENDSHIP vs CARGO CARRIERS LIMITED and ACROSS ENTERPRISES (PVT) LTD
Ruled By: ZIYAMBI JA

In chambers in terms of Rule 5 of the Supreme Court Rules.This is an application for condonation of the failure to note an appeal timeously as well as an extension of time within which to appeal against a judgment of the High Court dated 12 July 2012. The dies induciae for noting the appeal expired ...
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Appealed
HHH262-10 : ZIMBABWE POSTS (PVT) LTD vs COMMUNICATION AND ALLIED SERVICES WORKERS UNION OF ZIMBABWE
Ruled By: MUTEMA J

This application is redolent with irregularities. This, understandably, constrained the respondent to raise a number of points in limine praying for its dismissal. The irregularities complained of, which were not fully conceded by the applicant, are these -1. The application does not comply with Rule 227(3) in that when it ...
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SC04-05 : JAISON KOKERAI MACHAYA vs LAMECK NKIWANE MUYAMBI
Ruled By: ZIYAMBI JA

In Chambers, in terms of Rule 39 of the Supreme Court Rules. The applicant, who was the Parliamentary candidate for the Zimbabwe African National Union–Patriotic Front ('ZANU-PF') in the Parliamentary elections held in June 2000, was duly returned as Member of Parliament for Gokwe South. On 26 July 2000, the respondent filed a petition in terms ...
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CC10-15 : PROSECUTOR GENERAL, ZIMBABWE vs TELECEL ZIMBABWE (PRIVATE) LIMITED
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, GWAUNZA JCC, GOWORA JCC, GUVAVA JCC, MAVANGIRA AJCC, CHIWESHE AJCC, MAKONI AJCC, BHUNU AJCC

The applicant engaged counsel and must have instructed him on the nature of the application to place before the court. Therefore, there can be no question of 'punishing' him for the legal practitioner's 'mistakes.'
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SC31-17 : FBC BANK LIMITED vs ROBERT CHIWANZA
Ruled By: GWAUNZA JA

The degree of non-compliance and the explanation proffered for the non-compliance In considering an application for reinstatement, MALABA JA…, held that:- “The question for determination is whether the applicant has shown a cause for the re-instatement of the appeal. In considering applications for condonation of non-compliance with its Rules, the Court has a discretion which it has ...
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SC34-17 : ZIMSLATE QUARTZITE (PRIVATE) LIMITED and ARMINCO INVESTMENTS (PRIVATE) LIMITED and TINASHE CHIMANIKIRE and MOHMED MAHMED vs CENTRAL AFRICAN BUILDING SOCIETY
Ruled By: ZIYAMBI AJA

I move on to determine the merits of the application, in particular, whether cause has been shown by the applicants for the grant of relief in terms of Rule 34(5)…,. Counsel for the applicants addressed me on the question of the reason for the delay and the prospects of success on appeal. She submitted that ...
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SC64-17 : THOKOZILE ZINONDO vs CAFCA LIMITED
Ruled By: GWAUNZA JA

It is trite that where the legal practitioner is the one who is at fault, he must file an affidavit admitting his errors. The principle was laid out in the case of Diocese of Harare v The Church of the Province for Central Africa SC09-10, where this Court held that: “Although in argument Mr ...
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Appealed
HH357-16 : ROBSON MAKONI vs CBZ BANK LIMITED
Ruled By: CHITAKUNYE J

A litigant may, at times, not escape the consequences of their legal practitioner's tardiness. In Ndlovu v Guardforce Investments (Pvt) Ltd Others 2014 (1) ZLR 25 (H)…, the court held that:- “Legal practitioners must always be aware that they operate within time limits and in terms of laid down procedures. In applications for rescission ...
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HH329-13 : RICHARD JAMBO vs CHURCH OF THE PROVINCE OF CENTRAL AFRICA and ANGLICAN DIOCESE OF MASVINGO and THE DEPUTY SHERIFF CHIVHU N.O.
Ruled By: GUVAVA J

Counsel for the respondents relied on the case of Zimbabwe Open University v Madzombe 2009 (1) ZLR 101 where this court held that failure to comply with the provisions of Rule 230 of the High Court Rules, 1972 means that the application was fatally defective. In that case, the matter was struck off the ...