Calway Inv. & Anor v True Value Hardware (HB 16 of 2017; HCA 2 of 2016) [2017] ZWBHC 16 (9 February 2017)

Calway Inv. & Anor v True Value Hardware (HB 16 of 2017; HCA 2 of 2016) [2017] ZWBHC 16 (9 February 2017)

The appeal was dismissed because the notice of appeal was filed out of time without an application for condonation and was fatally defective for failing to state any recognizable grounds of appeal, rendering the appeal a nullity.

Citation
[2017] ZWBHC 16
Parties
Appellant: Calway Investments; Appellant: Nelson Mutobayi; Respondent: True Value Hardware
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
9 February 2017
Case Number
HB 16 of 2017 ; HCA 2 of 2016
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs at attorney and client scale
Legal Topics
Appeals, Condonation, Defective Notice of Appeal
Source Language
English
Civil Procedure Appeals Condonation Defective Notice of Appeal

Case Brief

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Parties

Calway Investments

Appellant

Nelson Mutobayi

Appellant

True Value Hardware

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appeal was properly before the court given the late and defective notice of appeal
  2. 2 Whether the notice of appeal contained valid grounds as required by the rules

Ratio Decidendi

The appeal was dismissed because the notice of appeal was filed out of time without an application for condonation and was fatally defective for failing to state any recognizable grounds of appeal, rendering the appeal a nullity.

Court Disposition

Appeal dismissed with costs at attorney and client scale

Orders

  • The appeal is dismissed with costs at an attorney and client scale.