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Supreme Court
Jimmy Gazi v Mbababala Properties (Private) Limited
SC 24/23
Case Details
Court
Supreme Court
Date
24 March 2023
Citation
SC 24/23
Neutral Citation
[2023] ZWSC 24
Outcome
unknown
Case Type
Application
Bench
Presiding
Mavangira JA
Full Bench
Mavangira JA
Areas of Law
Civil ProcedureSupreme Court RulesProperty Law
Keywords
condonationextension of timeappeal struck offsecurity for costsrule 55rule 70practice direction
Tags
condonationextension of timeappeal proceduresecurity for costs
legislation
Statutes Cited
- Supreme Court Rules, 2018
- Supreme Court Rules, 2018
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant should have proceeded under Rule 70 instead of filing condonation application","issue_type":"procedural","dispositive":"yes","related_facts":"Appeal deemed dismissed under Rule 55(6), no registrar notification sent"}
- {"issue_text":"Whether Practice Direction 3/2013 creates alternative remedy to Rule 70","issue_type":"procedural","dispositive":"no","related_facts":"Applicant relied on Practice Direction for 30-day remedy"}
- {"issue_text":"Whether application was filed timeously","issue_type":"procedural","dispositive":"no","related_facts":"Rule 70 requires 15 days from notification"}
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background
Facts of the Case
Background
Applicant's appeal against High Court judgment was struck off the roll and deemed dismissed for failure to comply with Rule 55(2) security for costs requirement. Applicant then filed chamber application seeking condonation and extension of time to file notice of appeal, relying on Practice Direction 3/2013 rather than Rule 70.
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