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Supreme Court
Chiwombererwa Patrick Mapfumo & Esther Mapfumo v Divvyland Investments (Private) Limited & The Minister of Justice Legal and Parliamentary Affairs & David Chiweza
SC 39/24
Case Details
Court
Supreme Court
Date
15 April 2024
Citation
SC 39/24
Neutral Citation
[2024] ZWSC 39
Outcome
unknown
Case Type
Application
Bench
Presiding
Mavangira JA
Full Bench
Mavangira JA
Areas of Law
Civil ProcedureProperty LawConstitutional Law
Keywords
condonationextension of timeappealevictiondeed of donationright to be heard
Tags
evictioncondonationappealconstitutional rights
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Civil Evidence Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application for condonation and extension of time should be granted despite defective papers","issue_type":"procedural","dispositive":"yes","related_facts":"Unsigned and uncommissioned supporting affidavit; previous defective applications"}
- {"issue_text":"Whether the unsigned supporting affidavit of Mr Gunje renders the application fatally defective","issue_type":"procedural","dispositive":"yes","related_facts":"Founding affidavit refers to and relies on Gunje's affidavit"}
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background
Facts of the Case
Background
The applicants sought condonation and extension of time to appeal against a High Court judgment that dismissed their challenge to an eviction order. They claimed they only became aware of the High Court's leave to appeal eight months after it expired, due to alleged failures by court staff to communicate the order.
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