Global Horizon (Private) Limited & Anor v FMC Finance (Private) Limited & 2 Ors

SC 36/23

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Case Details

Court

Supreme Court

Date

3 April 2023

Citation

SC 36/23

Neutral Citation

[2023] ZWSC 36

Outcome

unknown

Case Type

Condonation Application

Bench

Presiding

Mavangira JA

Full Bench

Mavangira JA

Areas of Law

Civil ProcedureSupreme Court RulesBanking Law

Keywords

condonationdefault judgmentIECMStime limitsfalsehood

Key Issues

{"issue_text":"Whether applicants are entitled to condonation for late filing of notice of appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Notice submitted 17 January 2023, deadline expired 6 January 2023"}
{"issue_text":"Whether application is premised on a falsehood regarding timeous filing","issue_type":"procedural","dispositive":"yes","related_facts":"Claims of January filing vs IECMS showing 17 January submission"}
{"issue_text":"Whether making payment while challenging judgment constitutes approbation and reprobation","issue_type":"procedural","dispositive":"no","related_facts":"ZW$45 million payment on 8 February 2023"}

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background

Facts of the Case

Background

The applicants sought condonation for late filing of a notice of appeal against dismissal of their rescission application. They claimed the IECMS system failed to process their timeous filing, but records showed the notice was filed 12 days late. The court found the application was premised on a falsehood and struck it off the roll with costs.

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