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Supreme Court
Francis Madyazvizi & 4 Ors v Theodore Sandu & 8 Ors
[2023] ZWSC 9
Case Details
Court
Supreme Court
Date
26 January 2023
Citation
[2023] ZWSC 9
Judgment No.
SC 9/23
Outcome
unknown
Case Type
Application
Bench
Presiding
Kudya JA
Full Bench
Kudya JA
Areas of Law
Civil ProcedureInterdictDeclaratory Relief
Keywords
condonationlate appealinterdictdeclaratortrust deedresidents association
Tags
Residents AssociationTrust DeedInterdictDeclarator
legislation
Statutes Cited
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicants should be granted condonation for late noting of appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Delay of over one year from judgment to application"}
- {"issue_text":"Whether applicants have reasonable explanation for delay","issue_type":"procedural","dispositive":"no","related_facts":"Various delays caused by Registrar and legal practitioners"}
- {"issue_text":"Whether applicants have prospects of success on appeal","issue_type":"procedural","dispositive":"no","related_facts":"Court a quo's ratio decidendi on disconnect between founding affidavit and relief sought"}
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background
Facts of the Case
Background
The applicants, former management committee members of Stoneridge Residents Association, seek condonation to appeal against a High Court judgment that dismissed their application for an interdict. The dispute centers on control of the association and involves a trust deed registered by the applicants which the respondents challenge.
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