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Harare High Court
Webster Muduwa and 9 Others v The Trustees of the Harare Home Industry Association Trust
HH 588-18
Case Details
Court
Harare High Court
Date
3 October 2018
Citation
HH 588-18
Neutral Citation
[2018] ZWHH 588
Outcome
unknown
Case Type
Application
Bench
Presiding
Tagu J
Full Bench
Tagu J
Areas of Law
Civil ProcedureAppeals
Keywords
CondonationLate filingNotice of appealPreliminary pointsDefective affidavit
Tags
CondonationExtension of timeAppealPreliminary points
legislation
Statutes Cited
- Supreme Court Rules, 1964
- Magistrates Courts (Civil) Rules, 1966
- Supreme Court Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application is fatally defective for lack of a notice of appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Absence of notice of appeal in the application"}
- {"issue_text":"Whether the answering affidavit should be expunged for being filed out of sequence","issue_type":"procedural","dispositive":"yes","related_facts":"Answering affidavit filed after heads of argument"}
- {"issue_text":"Whether the deponent to the opposing affidavit was properly authorized","issue_type":"procedural","dispositive":"no","related_facts":"Resolution authorizing Mr Chigariro"}
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background
Facts of the Case
Background
The applicants sought condonation for late filing of a notice of appeal and extension of time to file the notice. The respondent raised preliminary points, including the absence of a notice of appeal and the late filing of the answering affidavit. The court found merit in the preliminary points and dismissed the application.
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