Law Portal
Zimbabwe

Welcome To Law Portal

Welcome, Guest!
[Help?]

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 ...
More

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 ...
More

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 ...
More

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 ...
More

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 ...
More

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 ...
More

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 ...
More

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.'
More

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 ...
More

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 ...
More

SC35-17 : LEONARD DZVAIRO vs KANGO PRODUCTS
Ruled By: ZIYAMBI JA, GOWORA JA and GUVAVA JA

This is an appeal against the entire judgment of the Labour Court sitting at Gweru dated 12 March 2013 dismissing the appellant's application for condonation for leave to file his appeal out of time. BACKGROUND Although the facts of this matter are mainly common cause, it is necessary to set them out in some detail ...
More

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 ...
More

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 ...
More

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 ...
More

HB04-16 : PATIENCE MAFU vs FREEMAN BIBA NCUBE and THE BULAWAYO CITY COUNCIL
Ruled By: MATHONSI J

It is trite that where a party seeks to disown legal representation or to cast the blame for non-action upon its legal practitioner, an affidavit must be obtained from that legal practitioner confirming that position.
More

HH788-15 : COLLEN KWARAMBA vs WINSHOP ENTERPRISES (PVT) LTD and BLAIR CHRISTINK and REGISTRAR OF DEEDS
Ruled By: MATHONSI J

The conduct of the applicant throughout has been such a serious affront of the Rules of Court, a lamentable disdain of the Rules and a lack of seriousness bordering on contempt. One really wonders how a party that has conducted himself thus, by his own conduct and that of his host of legal representatives, ...
More

HB106-16 : RAPHAEL MASUKU and SICINGILE MASUKU vs SHERIFF OF ZIMBABWE and THERESA BELL and STANLEY NAZOMBE
Ruled By: TAKUVA J

The applicants sought to explain the delay in bringing their application for condonation on the flimsy and naked allegation that they “…, believed that their former legal practitioner had made a court application in terms of Rule 359(8) of the Rules after the Sheriff had dismissed their request to set aside the sale of the ...
More

SC39-12 : MM PRETORIUS (PVT) LTD and JOSEPH GONCLAVES vs CHAMUNORWA CHARLES MUTYAMBIZI
Ruled By: ZIYAMBI JA

In Chambers in terms of Rule 5 of the Supreme Court Rules. This is an application for condonation of the late noting of an appeal and an extension of time within which to appeal….,. Moving on to the merits of the application, the delay is over 3 months. In an application for condonation the Judge, in determining ...
More

HH78-14 : HUGHBER PETROLEUM (PVT) LTD and HUBERT NYAMBUYA vs BRENT OIL AFRICA (PTY) LTD
Ruled By: MATHONSI J

As the second applicant appeared in person, the issue of the bar relating to the untimely heads of argument fell off. I however cannot overlook it as it illustrates the unbelievable tardiness, the dilatoriness, the disdain and indeed the contemptuous manner in which all the legal practitioners who have cared to represent the applicants have approached this ...
More

View Appeal
HH425-16 : AFRICAN BANKING CORPORATION OF ZIMBABWE and ABC HOLDINGS LTD vs LESLEY FAYE MARSH (PVT) LTD T/A PREMIER DIAMONDS and OTHERS
Ruled By: CHATUKUTA J

Given the extent of non-compliance with the Rules, I am of the view that the respondents do not have any prospects of success in the event of this application being determined on the merits. Any prejudice to be suffered by the respondents is of their own making. The blame for the respondents' predicament cannot be ...
More

HB09-12 : PRINCE NKOMAZANA vs CONCILIA LUPONDO and BULAWAYO CITY COUNCIL
Ruled By: NDOU J

The case of Ndebele v Ncube 1992 (1) ZLR 288 (SC) is instructive on the penalization of a party for the negligence of lawyers and a failure to follow or to comply with court rules. At 290C-E, McNALLY JA has this to say – “It is a policy of law that there should be finality in litigation. ...
More

HB04-12 : TREZIAH NDLOVU vs SARAH MLANGENI
Ruled By: KAMOCHA J

At the hearing I granted the application for condonation as I held the view that the legal practitioners of the defendant had handled the matter in a very perfunctory fashion….,. The default judgment was granted due to the fault of the legal representatives of the defendant….,. Twenty-seven (27) animals have been taken away from her without her side ...
More

HB97-18 : NEVERMIND CHINGWENA vs SMM HOLDINGS (PVT) LTD and THE ADMINISTRATOR and THE SHERIFF OF COURT N.O.
Ruled By: TAKUVA J

The applicant was employed by the first respondent. As part of his employment benefits, the applicant was allocated House Number 36 School Avenue, Noelvale, Zvishavane. Between 11 and 20 March 2011 the applicant deserted from work and was dismissed, after due process, on 27 March 2011. The applicant did not appeal against the dismissal which still ...
More

HHB89-15 : EDNA SIBANDA vs THE STATE
Ruled By: MUTEMA J and MOYO J

This is an appeal against a sentence of 24 months imprisonment of which 8 months imprisonment were suspended for 5 years on the usual conditions of future good conduct.The appellant, who then was aged 32 years, was arraigned before a senior magistrate sitting at Kezi on 24 November 2009 facing ...
More

SC40-20 : STUTTAFORDS REMOVALS (PRIVATE) LIMITED vs GODFREY NYAMAZUNZU
Ruled By: MAKARAU JA, GOWORA JA and BERE JA

This is an appeal against the whole judgment of the Labour Court of Zimbabwe dated 14 July 2018 wherein an application for condonation for failure to file an application for leave to appeal in time was dismissed.Briefly, the background to this matter is as follows:The respondent was employed as an ...
More

HB84-18 : ROSINA NGIRAZI vs FUNGAI SAUROSI and KWEKWE CITY COUNCIL
Ruled By: MATHONSI J

This is essentially an application for condonation of the late noting of an appeal against the judgment of the Magistrates Court sitting at Kwekwe handed down on 9 January 2013 in terms of which it ordered the applicant, as the executrix of the estate of her husband, the late David ...