Oswald Tagwirei t/a Tagwirei Transport v Triangle Estate (Private) Limited

[2023] ZWSC 15

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Case Details

Court

Supreme Court

Date

20 February 2023

Citation

[2023] ZWSC 15

Judgment No.

SC 15/23

Outcome

unknown

Case Type

Condonation

Bench

Presiding

Bhunu JA

Full Bench

Bhunu JA

Areas of Law

Civil ProcedureDelictVicarious Liability

Keywords

condonationlate noting of appealfrolic of ownvicarious liabilitymotor vehicle collision

Key Issues

{"issue_text":"Whether applicant has reasonable explanation for delay in noting appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Delay of 2 years, ordinary dies induciae is 15 days"}
{"issue_text":"Whether applicant has good prospects of success on appeal","issue_type":"mixed","dispositive":"yes","related_facts":"Finding that employee was on frolic of own, employee on leave, company policy allowed personal use"}

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Facts of the Case

Background

The applicant, a transport operator, sued the respondent for damages after a collision between his minibus and the respondent's motorcycle driven by its employee. The court a quo found the employee negligent but held the respondent not vicariously liable as the employee was on a frolic of his own. The applicant's defective appeal was struck off, and he now seeks condonation to reinstate the appeal out of time.

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