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Supreme Court
Cape Valley Properties (Private) Limited & 2 Ors v Isaac Chiduku & 3 Ors
SC 113/23
Case Details
Court
Supreme Court
Date
31 October 2023
Citation
SC 113/23
Neutral Citation
[2023] ZWSC 113
Outcome
unknown
Case Type
Application
Bench
Presiding
Uchena JA
Full Bench
Uchena JA
Areas of Law
Civil ProcedureSupreme Court Rules
Keywords
condonationnon-compliancedies induciaefatal defectnullity
Tags
condonationdies induciaeprocedural irregularityappeal reinstatement
legislation
Statutes Cited
- Supreme Court Rules
- Supreme Court Rules
- Supreme Court Rules
- Supreme Court Rules
- Supreme Court Rules
ai analysis
Case Summary
Key Issues
- {"issue_text":"Does r 43(5) of Supreme Court Rules apply to applications for condonation and reinstatement of appeals?","issue_type":"procedural","dispositive":"yes","related_facts":"Application sought both condonation and reinstatement"}
- {"issue_text":"Does giving incorrect dies induciae render an application fatally defective?","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants gave 10 days instead of 3 days"}
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background
Facts of the Case
Background
Applicants sought condonation for non-compliance with Supreme Court Rules and reinstatement of their appeal. The application was fatally defective because applicants gave respondents 10 days to oppose instead of the mandatory 3 days under r 43(5).
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