Supreme Court of Zimbabwe - 2017 May

4 judgments
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4 judgments
Citation
Judgment date
May 2017
Refusal to set aside a court-ordered subpoena that finally disposes of a dispute is appealable without leave.
Civil procedure — appeals — interlocutory orders — finality test — whether refusal to set aside subpoena duces tecum issued under s 6 Fiscal Appeal Court Act is appealable without leave — quasi-judicial versus administrative acts — res judicata
26 May 2017
Delay caused by inaction of successive lawyers did not excuse inordinate delay; condonation refused for lack of explanation and prospects.
Civil procedure – Condonation for late noting of appeal – factors: extent of delay; reasonable explanation (including attorney negligence); prospects of success; prejudice – finality of litigation
23 May 2017
Dismissal of the respondent’s conviction appeal rendered the High Court interdict against eviction untenable; appeal allowed and application dismissed.
Gazetted Land Act s3 – unlawful occupation and eviction; effect of conviction and eviction order; stay of execution; effect of dismissal of appeal against conviction; urgent interdicts; due process in eviction proceedings
15 May 2017
Application to reinstate lapsed appeal dismissed for failure to seek condonation and to show cause and prospects of success.
Civil procedure — Appeal — Rule 34(1) deposit/undertaking for record costs — Rule 34(5) relief where appellant fails to comply — lapse of appeal vs reinstatement — requirement to seek condonation — responsibility for notifying change of address — attorney negligence not automatically excusing client.
10 May 2017