Julius Tawona Makoni v Pauline Mutsai Makoni & Anor

[2018] ZWSC 7

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Case Details

Court

Supreme Court

Date

15 February 2018

Citation

[2018] ZWSC 7

Judgment No.

SC 409/2016

Outcome

unknown

Case Type

Application

Bench

Presiding

BHUNU JA

Full Bench

BHUNU JA

Areas of Law

Family LawCivil Procedure

Keywords

condonationlate noting of appealwasted costsdivorce decreeproperty interdict

Key Issues

{"issue_text":"Whether the application for condonation of late noting of appeal should be stayed pending payment of taxed costs","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant owes $7,545.25 in taxed costs; more than 15 months passed without payment"}
{"issue_text":"Whether the court should exercise discretion to stay proceedings pending payment of costs","issue_type":"procedural","dispositive":"no","related_facts":"Applicant has not paid taxed costs despite opportunity; respondent would be prejudiced"}

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background

Facts of the Case

Background

The parties were married but divorced in England. The English court issued a decree nisi which the first respondent used to obtain an interdict in the Zimbabwean High Court preventing the applicant from dealing with a property he claims as his sole property. The applicant's initial appeal was struck off for non-compliance with rules.

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