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Supreme Court
Bonnyview Estates (Private) Limited v Zimbabwe Platinum Mines (Private) Limited & Anor
[2018] ZWSC 58
Case Details
Court
Supreme Court
Date
26 September 2018
Citation
[2018] ZWSC 58
Judgment No.
SC 58/18
Outcome
unknown
Case Type
Application
Bench
Presiding
MAKARAU JA
Full Bench
MAKARAU JA
Areas of Law
Civil ProcedureProperty LawLand Law
Keywords
condonationlate filingappeallocus standicompulsory acquisitionservitude
Tags
condonationappeal procedurelocus standiland acquisitionservitude
legislation
Statutes Cited
- Land Acquisition Act
- Supreme Court Rules, 1964
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant should be granted condonation for late service of notice of appeal","issue_type":"procedural","dispositive":"yes","related_facts":"One-day delay in service, ten-month delay in applying for condonation"}
- {"issue_text":"Whether applicant has prospects of success on appeal","issue_type":"mixed","dispositive":"yes","related_facts":"Sole ground of appeal challenges acquisition constitutionality not raised a quo"}
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background
Facts of the Case
Background
The applicant owned Bulfield Farm and granted a servitude to the first respondent's predecessor in 1995 for $4 million. The farm was compulsorily acquired by the State in 2000 under the Land Acquisition Act. The applicant appealed a High Court decision dismissing its claim for benefits from the first respondent's continued occupation, but failed to serve the notice of appeal on the High Court Registrar within the prescribed period, rendering it fatally defective.
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