Supreme Court of Zimbabwe - 2004 October

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4 judgments


October 2004
Mwafuli v Budget Car and Bus Rental (Pvt) Ltd. and Others (Civil Appeal 345 of 2003; SC 119 of 2004) [2004] ZWSC 119 (17 October 2004) A valid sale in execution cannot be set aside where the applicant paid after sale and accepted proceeds; misrepresentation claims lie against the legal practitioners. Execution law – Sale in execution by deputy sheriff – Validity of sale conducted according to law – Timing of payment of judgment, interest and costs – Acceptance of sale proceeds as acquiescence – Alleged misleading advice by creditor’s legal practitioner is separate cause of action	17 October 2004
Chindori-Chininga v Bally Carney (1991) (Pvt) Ltd. (Civil Application 366 of 2003; SC 91 of 2004) [2004] ZWSC 91 (11 October 2004) Extension granted where acquiring authority vested ownership and respondent’s continued occupation was unlawful. Land acquisition – effect of service of order of acquisition – ownership vests in acquiring authority; s 9(1)(b) obligations to vacate; allocation of acquired land pending confirmation; extension of time and condonation for late appeal – solicitor’s fault; eviction where occupier remains unlawfully after acquisition	11 October 2004
Standard Chartered Bank Ltd. v Chinyemba (Civil Appeal 344 of 2001; SC 87 of 2004) [2004] ZWSC 87 (10 October 2004) Appeal dismissed: notice of appeal not fatally defective, dismissal claim not prescribed, Labour Relations Officer had jurisdiction. Labour law – prescription of disputes under s94 – jurisdiction of labour relations officer where sector Code registered later – defective notices of appeal under SI 30/1993 – procedural cure of defective appeals	10 October 2004
Lee Group of Companies v Elder (Civil Application 406 of 2002; SC 88 of 2004) [2004] ZWSC 88 (5 October 2004) Applicant's appeal reinstated: Supreme Court rules include vacation days in time computation; reasonable mistake and prospects justified reinstatement. Civil procedure — Reinstatement of appeal deemed abandoned — Computation of time for filing heads of argument — Vacation days included under Rule 3 of Supreme Court Rules — Rule 58 not permitting adoption of High Court Rule 238(2a)(i) where Supreme Court Rules differ — Reasonable explanation and non‑inordinate delay — Prospects of success on appeal	5 October 2004