Meikles Limited v Widefree Investments (Private) Limited t/a Core Solutions

[2018] ZWSC 72

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Case Details

Court

Supreme Court

Date

17 October 2018

Citation

[2018] ZWSC 72

Judgment No.

SC 72/18

Outcome

unknown

Case Type

Condonation

Bench

Presiding

BERE JA

Full Bench

BERE JA

Areas of Law

Civil ProcedureArbitration LawSupreme Court Rules

Keywords

CondonationReinstatementRule 12(3)Abandoned appealArbitral award

Key Issues

{"issue_text":"Whether applicant should be granted condonation for non-compliance with Rule 12(3)","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant's failure to file receipt; miscommunication explanation"}
{"issue_text":"Whether appeal should be reinstated","issue_type":"procedural","dispositive":"yes","related_facts":"Deemed abandonment of appeal; prospects of success"}
{"issue_text":"Whether applicant has prospects of success on appeal","issue_type":"mixed","dispositive":"yes","related_facts":"Court a quo's detailed judgment; findings of fact"}

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background

Facts of the Case

Background

The applicant and respondent entered into a contract for debt collection services. After arbitration proceedings, an award was made in favour of the respondent and registered by the High Court. The applicant filed an appeal but failed to comply with Rule 12(3) of the Supreme Court Rules by not furnishing a receipt for Sheriff's security costs, causing the appeal to be deemed abandoned.

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