Lloyd Munyaradzi Manokore v Perkins Zhawari & Lilian Zhawari

SC 49/24

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Case Details

Court

Supreme Court

Date

31 May 2024

Citation

SC 49/24

Neutral Citation

[2024] ZWSC 49

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Kudya JA

Full Bench

Guvava JAKudya JAMwayera JA

Areas of Law

Civil procedureProperty lawLegal practitioner discipline

Keywords

CondonationRule 49Parate executiePower of attorneySurety agreementPactum commissorium

Key Issues

{"issue_text":"Whether the court a quo erred in finding no prospects of success based on LPDT findings","issue_type":"procedural","dispositive":"yes","related_facts":"Appellant's breach of Rule 49, underlying property dispute"}
{"issue_text":"Whether the power of attorney constituted valid parate executie","issue_type":"law","dispositive":"no","related_facts":"Power of attorney wording, surety arrangement"}
{"issue_text":"Whether condonation should be granted for Rule 49 breach","issue_type":"procedural","dispositive":"yes","related_facts":"Extent of delay, explanation, prospects of success"}

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background

Facts of the Case

Background

The appellant, a disbarred legal practitioner, appealed against the High Court's refusal to grant condonation for his failure to serve an appearance to defend within 24 hours as required by Rule 49. The underlying dispute concerned the sale and transfer of the respondents' immovable property without their consent, which led to disciplinary proceedings against the appellant and subsequent civil action by the respondents.

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