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Supreme Court
Nelisiwe Mlambo v Arosume Property Development (Private) Limited & 3 Ors
SC 35/23
Case Details
Court
Supreme Court
Date
3 May 2023
Citation
SC 35/23
Neutral Citation
[2023] ZWSC 35
Outcome
unknown
Case Type
Application
Bench
Presiding
MUSAKWA JA
Full Bench
MUSAKWA JA
Areas of Law
Property LawCivil Procedure
Keywords
lease agreementdeclaraturcondonationappealdevelopment fees
Tags
lease-to-buy agreementdeclaratory ordercondonation applicationextension of time
legislation
Statutes Cited
- Supreme Court Rules, 2018
- Supreme Court Rules, 2018
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether condonation should be granted for late filing of appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Defective notice of appeal, 6-month delay"}
- {"issue_text":"Whether applicant has prospects of success on appeal","issue_type":"mixed","dispositive":"yes","related_facts":"Lease expired in 2015, no fulfillment of conditions"}
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background
Facts of the Case
Background
The applicant sought condonation to file an appeal out of time after her previous defective appeal was struck off the roll. She had originally applied for a declaratory order regarding a lease-to-buy agreement for stand 294 Carrick Creagh Borrowdale, which the High Court dismissed.
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