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Supreme Court

Brian Makwabarara v (1) City of Harare (2) Mr E. Nyakurerewa (3) Mrs L. Johnson (4) Newton Spicer

SC 139/20

Case Details

Court
Supreme Court
Date
21 October 2020
Citation
SC 139/20
Neutral Citation
[2020] ZWSC 139
Outcome
unknown
Case Type
Condonation

Bench

Presiding
MATHONSI JA
Full Bench
MATHONSI JA
Areas of Law
Administrative LawCivil Procedure
Keywords
condonationextension of timereinstatement of appealsubdivision permitaudi alteram partem
Tags
subdivision permitadministrative appealcondonationreinstatement
legislation
Statutes Cited
  • Regional, Town and Country Planning Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether applicant should be granted condonation for failing to apply for reinstatement within the 15-day period provided by Rule 70(2)","issue_type":"procedural","dispositive":"yes","related_facts":"Application filed 18 August 2020, two months after 22 June 2020 deadline"}
  • {"issue_text":"Whether applicant has shown good prospects of success on the intended appeal","issue_type":"mixed","dispositive":"yes","related_facts":"Challenge to Administrative Court interpretation of s 40(4) of Regional, Town and Country Planning Act"}
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background
Facts of the Case

Background

The applicant objected to a subdivision permit granted by City of Harare to the second respondent for a property in Chisipite. After losing in the Administrative Court, he appealed to the Supreme Court but failed to pay for the appeal record within the required time, causing his appeal to be deemed abandoned. He then failed to apply for reinstatement within the 15-day period provided by the rules.
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