The Pinnacle Property Holdings (Private) Limited v The Municipality of Redcliff & The Minister of Local Government Public Works and National Housing

SC 14/23

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Case Details

Court

Supreme Court

Date

13 February 2023

Citation

SC 14/23

Neutral Citation

[2023] ZWSC 14

Outcome

unknown

Case Type

Condonation Application

Bench

Presiding

Bhunu JA

Full Bench

Bhunu JA

Areas of Law

Civil ProcedureContract LawAdministrative Law

Keywords

condonationUrban Councils Actcontract cancellationstatutory complianceland sale

Tags

condonationlate appealcontract cancellationstatutory compliance

legislation

Statutes Cited

Immigration Act 1971
Immigration and Asylum Act 1999
Nationality, Immigration and Asylum Act 2002
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004
Immigration, Asylum and Nationality Act 2006
UK Borders Act 2007
Immigration Act 2014
Immigration Act 2016
European Convention on Human Rights 1950
Human Rights Act 1998
Legal Aid, Sentencing and Punishment of Offenders Act 2012
Tribunals, Courts and Enforcement Act 2007
Constitutional Reform Act 2005
Senior Courts Act 1981
Civil Procedure Rules 1998
Immigration Rules (HC 395)
Detention Centre Rules 2001
Prison Rules 1999
Nationality, Immigration and Asylum Act 2002 (Consequential and Incidental Provisions) Order 2003
Immigration and Asylum (Provision of Services) Regulations 2007
Immigration (Restrictions on Employment) Order 2007
Immigration (European Economic Area) Regulations 2006
Immigration (European Economic Area) Regulations 2016
Immigration (Isle of Man) Order 2008
Immigration (Bailiwick of Guernsey) Order 2008
Immigration (Jersey) Order 2008
Immigration and Nationality (Fees) Order 2016
Immigration and Nationality (Fees) Regulations 2018
Immigration (Health Charge) Order 2015
Immigration (Health Charge) Regulations 2020
Immigration (Restrictions on Employment) Regulations 2014
Immigration (Residential Accommodation) (Prescribed Requirements) Order 2014
Immigration (Control of Entry through Republic of Ireland) Order 2016
Immigration (Exemption from Control) Order 1972
Immigration (Exemption from Control) (Amendment) Order 2008
Immigration (Passenger Transit Visa) Order 2014
Immigration (Passenger Transit Visa) (Amendment) Order 2018
Immigration (Designation of Travel Bans) Order 2020
Immigration (Designation of Travel Bans) (Amendment) Order 2021
Immigration (Designation of Travel Bans) (No. 2) Order 2021
Immigration (Designation of Travel Bans) (No. 3) Order 2021
Immigration (Designation of Travel Bans) (No. 4) Order 2021
Immigration (Designation of Travel Bans) (No. 5) Order 2021
Immigration (Designation of Travel Bans) (No. 6) Order 2021
Immigration (Designation of Travel Bans) (No. 7) Order 2021
Immigration (Designation of Travel Bans) (No. 8) Order 2021
Immigration (Designation of Travel Bans) (No. 9) Order 2021
Immigration (Designation of Travel Bans) (No. 10) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 2) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 3) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 4) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 5) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 6) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 7) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 8) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 9) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 10) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 11) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 12) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 13) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 14) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 15) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 16) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 17) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 18) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 19) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 20) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 21) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 22) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 23) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 24) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 25) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 26) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 27) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 28) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 29) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 30) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 31) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 32) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 33) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 34) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 35) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 36) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 37) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 38) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 39) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 40) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 41) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 42) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 43) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 44) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 45) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 46) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 47) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 48) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 49) Order 2021
Immigration (Designation of Travel Bans) (Amendment) (No. 50) Order 2021

ai analysis

Case Summary

Key Issues

{"issue_text":"Whether applicant has reasonable explanation for delay of almost 2 years in filing condonation application","issue_type":"procedural","dispositive":"yes","related_facts":"Defective notice filed 20 March 2022, current application filed 9 February 2022"}
{"issue_text":"Whether applicant has good prospects of success on appeal","issue_type":"mixed","dispositive":"yes","related_facts":"No consensus on settlement, section 152 non-compliance"}

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background

Facts of the Case

Background

The applicant company sought to enforce a disputed deed of settlement regarding land purchase from the first respondent municipality. The court a quo dismissed the application finding no consensus on settlement terms and non-compliance with section 152 of the Urban Councils Act. The applicant filed a defective notice of appeal which was deemed dismissed, then brought this condonation application almost two years late.

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