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Supreme Court
Rita Marque Mbatha v Justice Catherine Bachi-Mzawazi
SC 76/24
Case Details
Court
Supreme Court
Date
25 July 2024
Citation
SC 76/24
Neutral Citation
[2024] ZWSC 76
Outcome
unknown
Case Type
Condonation
Bench
Presiding
Guvava JA
Full Bench
Guvava JA
Areas of Law
Civil ProcedureDelictConstitutional Law
Keywords
condonationextension of timeleave to sue judgecause of actionconstitutional rightsdamagesfrivolous litigation
Tags
condonationextension of timeleave to sue judgeconstitutional rightsdamages
legislation
Statutes Cited
- Constitution of Zimbabwe
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant should be granted condonation for late filing of appeal","issue_type":"procedural","dispositive":"yes","related_facts":"Appeal struck off 21 September 2023, condonation application filed 30 October 2023"}
- {"issue_text":"Whether applicant has reasonable prospects of success on appeal","issue_type":"mixed","dispositive":"yes","related_facts":"High Court found no cause of action established"}
- {"issue_text":"Whether applicant established valid cause of action against sitting judge","issue_type":"law","dispositive":"yes","related_facts":"Applicant failed to specify words allegedly uttered by judge"}
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background
Facts of the Case
Background
The applicant sought leave to sue a sitting judge for alleged harassment and intimidation during court proceedings. The High Court dismissed the application for lacking a valid cause of action. The applicant's appeal to the Supreme Court was struck off for defective notice, leading to this condonation application.
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