Conju Incorporated (Private) Limited v Registrar of the Supreme Court & 3 Ors

SC 28/20

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Case Details

Court

Supreme Court

Date

20 February 2020

Citation

SC 28/20

Neutral Citation

[2020] ZWSC 28

Outcome

unknown

Case Type

Application

Bench

Presiding

Mathonsi JA

Full Bench

Mathonsi JA

Areas of Law

Civil ProcedureContract LawProperty Law

Keywords

CondonationReinstatementAbandoned appealAgreement of saleReimbursement

Key Issues

{"issue_text":"Whether applicant provided reasonable explanation for failure to have appeal set down within prescribed period","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant attempted to set down appeal, registrar refused, appeal deemed abandoned"}
{"issue_text":"Whether applicant has prospects of success on appeal regarding High Court's failure to determine reimbursement issue","issue_type":"mixed","dispositive":"yes","related_facts":"High Court found no sale agreement but did not determine reimbursement despite it being trial issue"}

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background

Facts of the Case

Background

The applicant, a tenant, claimed to have concluded a sale agreement with its landlord for commercial property and paid US$300,000 as purchase price. The High Court found no sale agreement existed and the payment was for arrear rentals. The applicant's appeal to the Supreme Court was deemed abandoned after failing to have it set down within the prescribed period, leading to this application for reinstatement.

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