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Harare High Court
WESTCASTLE (PRIVATE) LIMITED v NEWLANDS RESIDENTS ASSOCIATION and CITY OF HARARE
HH 605-23
Case Details
Court
Harare High Court
Date
7 November 2023
Citation
HH 605-23
Neutral Citation
[2023] ZWHH 605
Outcome
unknown
Case Type
Application
Bench
Presiding
MUSITHU J
Full Bench
MUSITHU J
Areas of Law
Civil ProcedureProperty LawAdministrative Law
Keywords
additional affidavitcondonationdevelopment permitlocal planmandamus
Tags
development permitleave to file additional affidavitlocal development plan
legislation
Statutes Cited
- High Court Rules, 2021
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application is properly before the court given it was filed in violation of an order by Chilimbe J.","issue_type":"procedural","dispositive":"yes","related_facts":"Filing date of application; Order by Chilimbe J; Lack of condonation application."}
- {"issue_text":"Whether the court should condone the non-compliance with the order by Chilimbe J.","issue_type":"procedural","dispositive":"yes","related_facts":"Reason for delay (counsel's workload); Extent of delay (61 days)."}
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background
Facts of the Case
Background
The applicant sought leave to file an additional affidavit in a pending main application regarding a development permit. The first respondent raised a preliminary point that the application was filed out of time in breach of a court order, and that the applicant had not sought condonation for the delay.
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