Divine Homes (Pvt) Ltd v Sheriff & Anor (HH 7 of 2004) [2004] ZWHHC 7 (20 January 2004)

Divine Homes (Pvt) Ltd v Sheriff & Anor (HH 7 of 2004) [2004] ZWHHC 7 (20 January 2004)

Although respondents were largely to blame for repeatedly setting down the matter, the applicant's failure to object mitigated their blameworthiness, so costs on a higher scale are not justified.

Citation
[2004] ZWHHC 7
Parties
Applicant: Divine Homes (Pvt) Ltd; Respondent: The Sheriff; Respondent: H S M Ushewokunze
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
20 January 2004
Case Number
HH 7 of 2004
Procedural Posture
Opposed Application / Interlocutory (postponement and Costs)
Outcome
Application for postponement granted; costs awarded on ordinary scale.
Legal Topics
Postponement, Costs, Acquiescence
Source Language
English
Civil Procedure Postponement Costs Acquiescence

Case Brief

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Parties

Divine Homes (Pvt) Ltd

Applicant

The Sheriff

Respondent

H S M Ushewokunze

Respondent

Procedural Posture

Opposed Application / Interlocutory (postponement and Costs)

Legal Issues

  1. 1 Whether the matter should be postponed sine die pending Supreme Court determination
  2. 2 Whether respondents should pay costs on a higher scale for repeatedly setting down the matter

Ratio Decidendi

Although respondents were largely to blame for repeatedly setting down the matter, the applicant's failure to object mitigated their blameworthiness, so costs on a higher scale are not justified.

Court Disposition

Application for postponement granted; costs awarded on ordinary scale.

Orders

  • Matter postponed sine die pending Supreme Court decision in case number 6491/02
  • Respondents to pay applicant's costs on the ordinary scale jointly and severally, one paying and the other to be absolved