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Supreme Court
Reverend Clement Nyathi v The Trustees for the Time Being of the Apostolic Faith Mission of Africa & 5 Ors
SC 63/22
Case Details
Court
Supreme Court
Date
10 June 2022
Citation
SC 63/22
Neutral Citation
[2022] ZWSC 63
Outcome
unknown
Case Type
Chamber Application
Bench
Presiding
Kudya JA
Full Bench
Kudya JA
Areas of Law
Civil ProcedureSupreme Court Rules
Keywords
condonationextension of timedies induciaenullityprocedural complianceForm 29r 43(5)r 241(1)
Tags
chamber applicationcondonationextension of timeprocedural defectnullity
legislation
Statutes Cited
- Supreme Court Rules, 2018
- High Court Rules, 1971
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the chamber application is fatally defective for failure to comply with the mandatory 3-day notice period in r 43(5) of Supreme Court Rules","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant gave 5 days notice; respondents filed after 4 days"}
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background
Facts of the Case
Background
The applicant has been involved in extensive litigation since 2014 attempting to recover control and ownership of the Apostolic Faith Mission of Africa. After multiple unsuccessful cases, the High Court barred him from commencing further litigation without leave. The applicant then filed this chamber application for condonation and extension of time to appeal, but failed to provide the correct 3-day notice period required by the rules.
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