Supreme Court of Zimbabwe - 2015 January

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3 judgments

Citation	Judgment date
January 2015
Firstel Cellular (Pvt) Ltd v NetOne Cellular (Pvt) Ltd (Civil Appeal SC 237 of 2013; SC 1 of 2015) [2015] ZWSC 1 (26 January 2015) Summary judgment affirmed: no bona fide defences of agency, condition precedent, or supervening impossibility established. Contract law — summary judgment — bona fide defence; principal–agent relationship; condition precedent to payment; supervening impossibility (vis major); validity of affidavit; interest claim clarity	26 January 2015
Mpofu v NSSA (Civil Application SC 574 of 2014; SC 72 of 2015) [2015] ZWSC 72 (22 January 2015) Supreme Court lacks jurisdiction under s 92F(3) where Labour Court dismissed leave application for procedural non-compliance rather than refusing it on the merits. Labour Act s 92F – Appeals to Supreme Court – s 92F(3) requires prior refusal by Labour Court; procedural dismissal (Rule 36 non-compliance/condonation not sought) is not substantive refusal; Supreme Court lacks jurisdiction until Labour Court has refused leave on merits.	22 January 2015
Dabengwa & ZAPU v ZEC & Others (Civil Appeal SC 418 of 2015; SC 32 of 2016) [2015] ZWSC 232 (12 January 2015) A notice of appeal that fails to state whether it is against the whole or part is incurably defective and must be struck off the roll. Civil procedure – Appeals – Supreme Court Rules r 29 – Mandatory requirement to state whether appeal is against whole or part of judgment – Notice of appeal failing to comply is fatally defective and cannot be amended – Appropriate remedy is to strike matter off the roll	12 January 2015