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Harare High Court

TANAKA SITHOLE and CYNTHIA SITHOLE versus PENNIWILL (PRIVATE) LIMITED and EDITHA INVESTMENTS (PVT) LTD and THE TRUSTEES FOR THE TIME BEING OF GABRIEL AND ANGELS TRUST and NOBERT MAVUNGA and JOICE POUND and CECIL KACHAMBWA and LEWIS DOWA and NYARADZO CHEZA and PAMELA KUBARA and LINDA MUNJOMA and BRADLEY TRUST and THE SHERIFF OF HIGH COURT OF ZIMBABWE N.O

HH 325-23

Case Details

Court
Harare High Court
Date
26 May 2023
Citation
HH 325-23
Neutral Citation
[2023] ZWHH 325
Outcome
unknown
Case Type
Application

Bench

Presiding
MHURI J
Full Bench
MHURI J
Areas of Law
Civil ProcedureProperty Law
Keywords
condonationlate filingpleasubdivision permitlegal practitioner negligence
Tags
condonationlate filingpleasubdivision permit
legislation
Statutes Cited
  • High Court Rules, 2021
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether condonation should be granted for late filing of plea","issue_type":"procedural","dispositive":"yes","related_facts":"Four-month delay, legal practitioner's error, applicants' interest in main matter"}
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background
Facts of the Case

Background

The applicants failed to file their plea within the time limit specified in a court order dated 16 May 2022, which required them to file by 14 June 2022. They filed their application for condonation on 5 October 2022, almost four months late, due to their legal practitioner's misreading of the court order.
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