Equity Properties (Private) Limited v Al Shams Global BVI Limited and Registrar of Deeds N.O.

HH 801-22

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Case Details

Court

Harare High Court

Date

8 November 2022

Citation

HH 801-22

Neutral Citation

[2022] ZWHH 801

Outcome

unknown

Case Type

Application

Bench

Presiding

Mangota J

Full Bench

Mangota J

Areas of Law

Civil procedureAppellate practice

Keywords

Leave to appealRule 94Non-complianceCourt orderContempt

Key Issues

{"issue_text":"Whether the application for leave to appeal was defective for alleged non-compliance with Rule 94 of High Court Rules","issue_type":"procedural","dispositive":"no","related_facts":"Application filed after oral hearing, no written application within 12 days"}
{"issue_text":"Whether applicant has reasonable prospects of success on appeal","issue_type":"mixed","dispositive":"yes","related_facts":"Both parties non-compliant, court found both in contempt"}

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background

Facts of the Case

Background

The applicant sought leave to appeal against a decision striking HC 6264/21 off the roll after both parties failed to file Heads of Argument within court-ordered timelines. The applicant argued it should not have been found to be barred, while the respondent contended the application was defective for non-compliance with Rule 94 of the High Court Rules.

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