This is a matter in which I would have considered awarding costs against Norman Mugiya de bonis propriis if the respondents had appeared.However, although I had directed the applicant to serve the notice of set down upon the respondents owing to the exigency of the application, which was filed a ...
This is a matter in which I would have considered awarding costs against Norman Mugiya de bonis propriis if the respondents had appeared.
However, although I had directed the applicant to serve the notice of set down upon the respondents owing to the exigency of the application, which was filed a day before the resumption of trial, Mr Muzvuzvu did not produce proof of service of the notice of set down.
As it is I am unable to say whether the respondents were aware of the set down date....,.
In the result, the application is hereby dismissed with no order as to costs.
