Tryness Kabiti v Director General Central Intelligence Organisation N.O.

HH 332-23

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Case Details

Court

Harare High Court

Date

31 May 2023

Citation

HH 332-23

Neutral Citation

[2023] ZWHH 332

Outcome

unknown

Case Type

Condonation

Bench

Presiding

Mhuri J

Full Bench

Mhuri J

Areas of Law

Civil ProcedureAdministrative Law

Keywords

CondonationNon-complianceHeads of argumentBarCommissioning of oaths

Key Issues

{"issue_text":"Whether respondent should be granted condonation for non-compliance with rules of court and upliftment of bar","issue_type":"procedural","dispositive":"yes","related_facts":"Four-month delay in filing heads of argument, explanation for delay, prospects of success in main matter"}
{"issue_text":"Whether the opposing affidavit was properly commissioned","issue_type":"procedural","dispositive":"no","related_facts":"Affidavit commissioned by officer of Civil Division of Attorney-General's Office"}

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Facts of the Case

Background

Applicant filed an application for a declaratory order on 31 August 2022. Applicant filed her heads of argument on 13 January 2023 and served them on the respondent's legal practitioners on 16 January 2023. Respondent failed to file heads of argument by the due date of 30 January 2023. On the day of the hearing, 26 May 2023, respondent's counsel made an oral application for condonation of this failure and upliftment of the bar.

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