Stanley Kasukuwere and Batsirai Martha Bakare v Oliver Mutyambizi and Midroc Holdings (Pvt) Ltd

HH 704-22

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Case Details

Court

Harare High Court

Date

12 October 2022

Citation

HH 704-22

Neutral Citation

[2022] ZWHH 704

Outcome

unknown

Case Type

Application

Bench

Presiding

Bachi-Mzawazi J

Full Bench

Bachi-Mzawazi J

Areas of Law

Civil procedureAppellate practice

Keywords

Leave to appealProspects of successWithdrawal of court proceedingsDismissal for want of prosecution

Key Issues

{"issue_text":"Whether application for dismissal for want of prosecution can be severed from the matters it seeks to dismiss","issue_type":"procedural","dispositive":"yes","related_facts":"HC 4469/20 launched to dismiss HC 1230/19 and HC 3457/19; applicants withdrew latter after set-down"}
{"issue_text":"Whether applicants have prospects of success on appeal against dismissal decision","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants' grounds of appeal described as convoluted; court found no reasonable prospect of different outcome"}

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Facts of the Case

Background

Applicants had two pending matters (HC 1230/19 and HC 3457/19) which they failed to prosecute. Respondents launched application HC 4469/20 for their dismissal for want of prosecution. After that dismissal application was set down for 2 July 2021, applicants on 29 June 2021 served notices purporting to withdraw their two matters. The trial court disregarded the withdrawal notices and dismissed both matters, holding that withdrawal after set-down required consent or court leave. Applicants now seek leave to appeal that dismissal decision.

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