Doves Funeral Assurance (Private) Limited v Harare Motorway (Private) Limited & 4 Ors

[2023] ZWSC 64

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Case Details

Court

Supreme Court

Date

31 May 2023

Citation

[2023] ZWSC 64

Judgment No.

SC 64/23

Outcome

unknown

Case Type

Application

Bench

Presiding

Makoni JA

Full Bench

Makoni JA

Areas of Law

Civil procedureSupreme Court rulesAppeal practice

Keywords

CondonationReinstatementSecurity for costsRule 55Rule 70Prospects of success

Key Issues

{"issue_text":"Whether applicant must show prospects of success in application for condonation and reinstatement","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant refused to address prospects of success"}
{"issue_text":"Whether applicant tendered reasonable explanation for delay","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant blamed court instead of explaining delay"}

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background

Facts of the Case

Background

The applicant's appeal was struck off the roll for failure to pay security for costs within the prescribed time. The applicant sought condonation and reinstatement of the appeal but failed to address prospects of success in its founding affidavit.

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