Tichaona Tasiyana v Shingirayi Sharara

SC 140/20

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Case Details

Court

Supreme Court

Date

21 October 2020

Citation

SC 140/20

Neutral Citation

[2020] ZWSC 140

Outcome

unknown

Case Type

Condonation

Bench

Presiding

Mathonsi JA

Full Bench

Mathonsi JA

Areas of Law

Civil ProcedureProperty Law

Keywords

CondonationLate appealRei vindicatioSuperannuationPrescription

Key Issues

{"issue_text":"Whether the applicant has provided a reasonable and adequate explanation for the delay in noting the appeal and filing the condonation application.","issue_type":"procedural","dispositive":"yes","related_facts":"The applicant's explanation for the period from 12 May to 3 June 2020, and the complete lack of explanation for the period from 3 June to 3 July 2020."}
{"issue_text":"Whether the applicant's proposed appeal has reasonable prospects of success.","issue_type":"law","dispositive":"yes","related_facts":"The applicant's argument that the High Court judgment was superannuated and that he could evict occupants despite the judgment."}

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background

Facts of the Case

Background

The applicant claimed ownership of a flat based on a sale agreement that was declared null and void by a High Court judgment in 2010. After losing in both the Magistrates Court and the High Court, he sought to appeal to the Supreme Court but missed the deadline. His application for condonation was dismissed due to an unsatisfactory explanation for the delay and a lack of arguable prospects of success.

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