Unki Mines (Private) Limited v Dohne Construction (Private) Limited

Judgment No. SC 18/23

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Case Details

Court

Supreme Court

Date

14 March 2023

Citation

Judgment No. SC 18/23

Neutral Citation

[2023] ZWSC 18

Judgment No.

SC 18/23

Outcome

unknown

Case Type

Condonation

Bench

Presiding

Musakwa JA

Full Bench

Musakwa JA

Areas of Law

Civil ProcedureContract LawConstruction Law

Keywords

CondonationLate filingProspects of successAdjudicator's decisionSupreme Court Rules

Key Issues

{"issue_text":"Whether the applicant provided adequate reasons for the delay in filing the appeal","issue_type":"procedural","dispositive":"yes","related_facts":"The six-month delay and lack of explanation"}
{"issue_text":"Whether the applicant properly canvassed prospects of success in the founding affidavit","issue_type":"procedural","dispositive":"yes","related_facts":"Failure to address prospects in founding affidavit"}
{"issue_text":"Whether the preliminary objections (defective notice, failure to identify parties, material falsehoods) have merit","issue_type":"procedural","dispositive":"no","related_facts":"Respondent's objections to the application"}

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background

Facts of the Case

Background

The applicant and respondent entered into a construction contract with an adjudication clause. After disputes arose and adjudicator decisions were made, the respondent sought to enforce the second adjudicator's decision in the High Court. The High Court granted the compelling order. The applicant's subsequent appeal was struck off for defects. The applicant then sought condonation for late filing of a fresh appeal.

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