THE TRIAL OFFICER (SUPERINTENDENT DUBE) and COMMISSIONER-GENERAL OF POLICE v SERGEANT MAKONI K L 061625H and CONSTABLE MAKONSE W 058289G and CONSTABLE KATAMBUDA K 074380X

Key Issues

• {"issue_text":"Whether the application for dismissal for want of prosecution should be granted where respondents failed to file answering affidavit or set matter down for hearing within one month after being served with opposing papers","issue_type":"procedural","dispositive":"yes","related_facts":"Respondents' failure to take any steps for over two years after being served with opposing papers"}
• {"issue_text":"Whether the applicants' failure to file the record of proceedings under r 260 is a prerequisite for dismissal for want of prosecution","issue_type":"law","dispositive":"yes","related_facts":"Respondents' claim that non-availability of record incapacitated them"}
• {"issue_text":"Whether the court should exercise its discretion to order filing of record at this stage","issue_type":"procedural","dispositive":"no","related_facts":"Respondents' invitation for court to order applicants to file record"}

Background