Supreme Court of Zimbabwe - 2002 January

Sort by:

3 judgments

Citation	Judgment date
January 2002
Mwanyisa v Minister of Finance and Others (Civil Appeal 139 of 2001; SC 6 of 2002) [2002] ZWSC 6 (27 January 2002) Condonation denied; prolonged unexplained absenteeism justified discharge and appeal dismissed with costs. Public service disciplinary law – absenteeism without leave – distinction between incapacity and wilful abscondment – condonation for late review application – exercise of judicial discretion – audi alteram partem not absolute where employee absconds.	27 January 2002
ERS Investments (Pvt) Ltd. t/a ERS Realty and Others v Mandizvidza (Civil Appeal 209 of 2000; SC 2 of 2002) [2002] ZWSC 2 (16 January 2002) A 28‑day financing condition was a condition precedent, so the sale never became binding. Contract law — Condition precedent — Special condition requiring purchaser to obtain financing within 28 days — Interpretation of "bond" as loan/guarantee — Timing of payment and effect on enforceability — Provisional order discharged.	16 January 2002
Mpofu v Director of Customs and Excise and Another (Civil Appeal 94 of 2001; SC 3 of 2002) [2002] ZWSC 3 (6 January 2002) A belated application to inspect alleged forged exhibits cannot substitute for an appeal against conviction; litigation must be final. Criminal procedure – production and inspection of exhibits – authenticity of documents – counsel’s inspection and acceptance in open court – belated challenge to conviction – appeal against sentence only – finality of litigation; Customs and Excise – Bills of Entry – alleged forgery.	6 January 2002