Plumed Horse (Private) Limited & 2 Ors v Dundurn (Private) Limited & 3 Ors

[2020] ZWSC 153

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Case Details

Court

Supreme Court

Date

4 November 2020

Citation

[2020] ZWSC 153

Judgment No.

SC 153/20

Outcome

unknown

Case Type

Application

Bench

Presiding

MATHONSI JA

Full Bench

MATHONSI JA

Areas of Law

Civil ProcedureSupreme Court RulesAppeal Practice

Keywords

condonationreinstatementdefective notice of appealservice of appealnullity

Key Issues

{"issue_text":"Whether an appeal that was never properly instituted due to defective service can be reinstated under Rule 70(2)","issue_type":"procedural","dispositive":"yes","related_facts":"Failure to serve notice of appeal on all respondents"}
{"issue_text":"Whether condonation should be granted for failure to apply for reinstatement within 15 days","issue_type":"procedural","dispositive":"no","related_facts":"Application filed after Rule 70(3) period"}

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Facts of the Case

Background

The applicants failed to serve their notice of appeal on all respondents as required by Supreme Court Rules, resulting in the appeal being deemed abandoned. They then sought condonation for failure to apply for reinstatement within the prescribed period, arguing the abandoned appeal could be reinstated.

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