Shaoliang & Anor v Haixi & Anor (HC 726 of 2015; HH 90 of 2017; REF HH 613 of 2016) [2017] ZWHHC 90 (8 February 2017)

Shaoliang & Anor v Haixi & Anor (HC 726 of 2015; HH 90 of 2017; REF HH 613 of 2016) [2017] ZWHHC 90 (8 February 2017)

The court found that special circumstances existed to justify condonation of the late filing of the application for leave to appeal due to the complexity and volume of the case, absence of irreparable prejudice to respondents, and the interests of justice. Although the applicants' prospects of success on appeal were poor, the importance of the matter and the need for finality justified granting leave to appeal.

Citation
[2017] ZWHHC 90
Parties
Applicant: Chen Shaoliang; Applicant: Chen Mandong; Respondent: Zhou Haixi; Respondent: Wenzhou Enterprises Private Limited
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
8 February 2017
Case Number
HC 726 of 2015 ; HH 90 of 2017 ; REF HH 613 of 2016
Procedural Posture
Opposed Application Leave to Appeal / Ruling on Application for Leave to Appeal
Outcome
Application for leave to appeal allowed
Legal Topics
Leave to Appeal, Condonation of Late Filing, Interlocutory Orders, Absolution From the Instance
Source Language
English
Civil Procedure Leave to Appeal Condonation of Late Filing Interlocutory Orders Absolution From the Instance

Case Brief

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Parties

Chen Shaoliang

Applicant

Chen Mandong

Applicant

Zhou Haixi

Respondent

Wenzhou Enterprises Private Limited

Respondent

Procedural Posture

Opposed Application Leave to Appeal / Ruling on Application for Leave to Appeal

Legal Issues

  1. 1 Whether the application for leave to appeal was properly before the court given the delay and absence of a separate condonation application
  2. 2 Whether special circumstances existed to justify condonation of the late filing of the application for leave to appeal
  3. 3 Whether the applicants had reasonable prospects of success on appeal against the refusal of absolution from the instance

Ratio Decidendi

The court found that special circumstances existed to justify condonation of the late filing of the application for leave to appeal due to the complexity and volume of the case, absence of irreparable prejudice to respondents, and the interests of justice. Although the applicants' prospects of success on appeal were poor, the importance of the matter and the need for finality justified granting leave to appeal.

Court Disposition

Application for leave to appeal allowed

Orders

  • Leave to appeal granted
  • Costs shall follow the cause