Zimbabwe Consolidated Diamond Company (Private) Limited v Adlecraft Investments (Private) Limited

Key Issues

• {"issue_text":"Whether the three-judge panel has jurisdiction to determine an application for condonation related to a substantive application pending before the full bench","issue_type":"procedural","dispositive":"yes","related_facts":"The substantive application under CCZ 3/24 is pending before the full bench; the present application seeks condonation for defects in that application"}
• {"issue_text":"Whether the application was brought under the wrong rule","issue_type":"procedural","dispositive":"no (jurisdictional issue was dispositive)","related_facts":"The applicant invoked Rule 5(1)(a) for condonation"}
• {"issue_text":"Whether the applicant's failure to comply with Rule 22(2)(b)-(d) can be condoned","issue_type":"procedural","dispositive":"no (jurisdictional issue was dispositive)","related_facts":"The application did not state grounds as required"}
• {"issue_text":"Whether service on the Attorney-General 8 days after filing was valid","issue_type":"procedural","dispositive":"no (jurisdictional issue was dispositive)","related_facts":"Service was effected 8 days after filing; Registrar rejected proof of service"}

Background