Biltrans Services (pvt) Ltd. v Mutadziki & Ors (HC 12117 of 2015; HH 988 of 2015) [2015] ZWHHC 988 (18 December 2015)
The application is premature as there are no reasons for the ruling on record; the applicant must obtain reasons before proceeding.
Source-derived case information.
- Citation
- [2015] ZWHHC 988
- Parties
- Applicant: Biltrans Services (Private) Limited; Respondent: Dick Togarasi Mutadziki; Respondent: David Chishiri; Respondent: Kudakwashe Kavare; Respondent: Donaldson Mafundirwa; Respondent: Kerdmio Chipadze; Respondent: The Sheriff, Harare
- Court
- Harare High Court
- Jurisdiction
- Zimbabwe
- Case Number
- HC 12117 of 2015 ; HH 988 of 2015
- Procedural Posture
- Urgent Chamber Application / Application for Leave to Appeal to the Supreme Court
- Outcome
- Struck off the roll
- Legal Topics
- Leave to Appeal, Striking Out Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Biltrans Services (Private) Limited
Applicant
Dick Togarasi Mutadziki
Respondent
David Chishiri
Respondent
Kudakwashe Kavare
Respondent
Donaldson Mafundirwa
Respondent
Kerdmio Chipadze
Respondent
The Sheriff, Harare
Respondent
Procedural Posture
Urgent Chamber Application / Application for Leave to Appeal to the Supreme Court
Legal Issues
- 1 Whether the application for leave to appeal is properly before the court without reasons for the ruling
Ratio Decidendi
The application is premature as there are no reasons for the ruling on record; the applicant must obtain reasons before proceeding.
Court Disposition
Struck off the roll
Orders
- The matter is struck off the roll with no order as to costs.
Full Case Text
Judgment text and source record
1 paragraphs
1 HH 988/15 HC 12117/15 BILTRANS SERVICES (PRIVATE) LIMITED versus DICK TOGARASI MUTADZIKI and DAVID CHISHIRI and KUDAKWASHE KAVARE and DONALDSON MAFUNDIRWA and KERDMIO CHIPADZE and THE SHERIFF, HARARE HIGH COURT OF ZIMBABWE MUSHORE J HARARE, 18 December 2015 Urgent Chamber Application Z. T. Chadamuka, for the plaintiff R Dembure, for the respondent MUSHORE J: The application for leave to appeal to the Supreme Court must be premised upon reasons for any ruling by this court See Chikafu v Dodhill P/L & Ors HH41 – 2009. For my perusal of the record(s) in this matter it would appear that there are none. Because they are not in the record, the application is rather precipitous. The applicant is directed to obtain the reasons by letter to the Registrar of the High Court. Accordingly the matter is struck of the roll with no order as to costs. Mabulala & Dembure, 1st – 5th respondents’ legal practitioners Messrs Coglan, Welsh & Guest, applicant’s legal practitioners