Supreme Court of Zimbabwe - 2005 September

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4 judgments

Citation	Judgment date
September 2005
Burdock Investments (Pvt) Ltd. v Militala and Another (Civil Application 311 of 2004; SC 37 of 2005) [2005] ZWSC 37 (12 September 2005) Court condoned late compliance with appeal record requirements and allowed appeal to proceed due to dispute over alleged settlement. Civil procedure — Condonation of delay — Failure to comply with Rule 34(1) (deposit/undertaking for preparation of record) — Appeal deemed lapsed by registrar — Discretion under Rule 31(5) to grant relief on cause shown — Verbal settlement reduced to draft by one party without approval — Proper exercise of discretion to allow appeal to proceed.	12 September 2005
Tavingeyi v Mhaka and Another (Civil Application 65 of 2005; SC 38 of 2005) [2005] ZWSC 38 (12 September 2005) Application for condonation to note appeal out of time dismissed for unjustified delay and procedural non-compliance. Civil procedure — extension of time/leave to appeal — condonation — adequacy of explanation for delay; applicant responsibility for delay; compliance with procedural rules (Rule 15(2), Rule 31(1)); inability to assess prospects of success without the judgment.	12 September 2005
Chitsa v Motsi (Civil Appeal 189 of 2004; SC 31 of 2005) [2005] ZWSC 31 (11 September 2005) Eviction upheld where purported execution sale of immovable was invalid and appellant failed to prove lawful title. Execution and sale — High Court writ authorises attachment of movables only; improper use of Magistrates’ attachment notice for High Court judgment; invalid purported sale of immovable; unlawful occupation and eviction upheld.	11 September 2005
James and Others v Sikariyoti and Others (Civil Appeal 150 of 2003; SC 29 of 2005) [2005] ZWSC 29 (5 September 2005) Applicants' long inaction in face of registered ownership barred relief to prevent sale; appeal dismissed with costs. Succession and customary law — registered tenancy and sale — effect of long delay and failure to protect claimed succession rights — acquiescence/laches/prescription principles — judicial notice of foreign customary law requires evidence; bona fide purchaser dealing with municipal authorities.	5 September 2005