Anthony Mahondongwe Chigumba v Tafadzwa Laurence Chidzambwa

SC 103/23

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Case Details

Court

Supreme Court

Date

26 January 2023

Citation

SC 103/23

Neutral Citation

[2023] ZWSC 103

Outcome

unknown

Case Type

Condonation

Bench

Presiding

Bhunu JA

Full Bench

Bhunu JA

Areas of Law

Property lawCivil procedure

Keywords

SpoliationPossessionRoad constructionPerimeter wallCondonationExtension of time

Key Issues

{"issue_text":"Whether applicant should be granted condonation for late noting of appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Defective appeal struck off roll on 14 October 2022, application filed 26 October 2022"}
{"issue_text":"Whether applicant had reasonable prospects of success on appeal","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant was not in peaceful possession of road, possession had passed to respondent"}

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background

Facts of the Case

Background

The applicant, owner of immovable property, sold two stands to the respondent. After the sale, the applicant constructed a road on one stand without respondent's consent. The respondent built a perimeter wall to protect his property. The applicant sought spoliation relief claiming unlawful deprivation of possession of the road. The court a quo dismissed the application. The applicant's defective appeal was struck off the roll, leading to this condonation application.

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