Reverend Clement Nyathi v The Trustees for the Time Being of the Apostolic Faith Mission of Africa & 6 Ors

[2020] ZWSC 187

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Case Details

Court

Supreme Court

Date

21 December 2020

Citation

[2020] ZWSC 187

Judgment No.

SC 187/20

Outcome

unknown

Case Type

Application

Bench

Presiding

Mavangira JA

Full Bench

Mavangira JA

Areas of Law

Civil procedureSupreme Court rulesPractice directions

Keywords

Struck off the rollReinstatementCondonationFatal defectPractice Direction 3/2013

Key Issues

{"issue_text":"Whether the court should reinstate an application that was struck off the roll for failure to attach the judgment sought to be appealed","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant failed to attach judgment; application was struck off; applicant later obtained judgment"}
{"issue_text":"Whether paragraph 5 of Practice Direction 3/2013 applies to applications struck off for fatal defects","issue_type":"procedural","dispositive":"yes","related_facts":"Application was fatally defective for non-compliance with Rule 43(1)"}

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Facts of the Case

Background

The applicant filed a chamber application for condonation and extension of time to note an appeal (SC 184/20) but failed to attach the judgment he sought to appeal against. The application was struck off the roll. He then filed this application seeking reinstatement, claiming the order was a typographical error and the matter was merely removed from the roll.

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