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Bulawayo High Court
Tendai Tarinda v Jeconiah Prince Ncube (N.O) and Kathy Mwanza
HB 277-20
Case Details
Court
Bulawayo High Court
Date
26 November 2020
Citation
HB 277-20
Neutral Citation
[2020] ZWHB 277
Judgment No.
HB 277/20
Outcome
unknown
Case Type
Application
Bench
Presiding
Dube-Banda J
Full Bench
Dube-Banda J
Areas of Law
Civil ProcedureHigh Court Rules
Keywords
extension of timecondonationrule 4Crule 229unsigned applicationcosts debonis propriis
Tags
extension of timecondonationprocedural compliancelegal practitioner negligence
legislation
Statutes Cited
- High Court Rules, 1971
- High Court Rules, 1971
- High Court Rules, 1971
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether an unsigned application is valid before court","issue_type":"procedural","dispositive":"yes","related_facts":"Application not signed by applicant or legal practitioner"}
- {"issue_text":"Whether rule 4C can be invoked by a litigant seeking extension of time","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant invoked rule 4C instead of rule 229"}
- {"issue_text":"Whether extension of time can be sought without first seeking condonation","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant stood barred in main matter but sought only extension"}
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background
Facts of the Case
Background
The applicant filed three successive applications seeking extension of time to file a notice of opposition in a review case. The current application was unsigned, invoked the wrong rule, and failed to seek condonation for the default. Counsel conceded and requested the matter be removed from the roll.
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