Benjamin Rukanda, Lucia Matibenga, People's Democratic Party (Matibenga's Breakaway Party) v The Registrar of the Supreme Court, Kucaca Ivumile Phulu, Settlement Chikwinya, Willias Madzimure, Regai Tsunga, Chelesile Mahlangu, Tendai Laxton Biti, People's Democratic Party, Jacob Mudenda N.O., The Parliament of the Republic of Zimbabwe, The Zimbabwe Electoral Commission

SC 112/22

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Case Details

Court

Supreme Court

Date

31 January 2022

Citation

SC 112/22

Neutral Citation

[2022] ZWSC 112

Outcome

unknown

Case Type

Application

Bench

Presiding

Uchena JA

Full Bench

Uchena JA

Areas of Law

Civil ProcedureSupreme Court Practice

Keywords

Rule 13Rule 55(6)Security for costsDeemed abandonmentFunctus officio

Key Issues

{"issue_text":"Whether Rule 13 applies to setting aside Registrar's erroneous communication about deemed abandonment","issue_type":"procedural","dispositive":"yes","related_facts":"Registrar admitted error, applicants paid within time"}
{"issue_text":"Whether the appeal should be reinstated","issue_type":"procedural","dispositive":"yes","related_facts":"Payment made within period, Registrar's error"}

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Facts of the Case

Background

The applicants appealed a High Court decision and were required to pay security for costs. The Registrar erroneously advised that the appeal was deemed abandoned when the applicants had in fact paid within the stipulated period. The applicants sought to set aside this erroneous communication.

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