Ecobank Zimbabwe Ltd. v Chitando & Anor (HC 4342 of 2016; HH 787 of 2016) [2016] ZWHHC 787 (7 December 2016)

Ecobank Zimbabwe Ltd. v Chitando & Anor (HC 4342 of 2016; HH 787 of 2016) [2016] ZWHHC 787 (7 December 2016)

The exception and application to strike out were filed one month out of time, contrary to Rule 119 of the High Court Rules. No explanation or condonation was sought for the late filing. The Supreme Court decision in Sammy’s Group (Pvt) Ltd v Meyburgh NO & Ors is binding and requires strict observance of time frames. The application is therefore improperly before the court and cannot be entertained.

Citation
[2016] ZWHHC 787
Parties
Applicant: Ecobank Zimbabwe Ltd; Respondent: Pearson Chitando; Respondent: Tendai Loice Chitando
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
7 December 2016
Case Number
HC 4342 of 2016 ; HH 787 of 2016
Procedural Posture
Opposed Application / Ruling on Exception and Application to Strike Out
Outcome
Exception and application to strike out dismissed
Legal Topics
Exception, Application to Strike Out, Time Limits, High Court Rules
Source Language
English
Civil Procedure Exception Application to Strike Out Time Limits High Court Rules

Case Brief

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Parties

Ecobank Zimbabwe Ltd

Applicant

Pearson Chitando

Respondent

Tendai Loice Chitando

Respondent

Procedural Posture

Opposed Application / Ruling on Exception and Application to Strike Out

Legal Issues

  1. 1 Whether the exception and application to strike out were filed within the time limits set by Rule 119 of the High Court Rules
  2. 2 Whether the court can entertain an exception filed out of time without condonation

Ratio Decidendi

The exception and application to strike out were filed one month out of time, contrary to Rule 119 of the High Court Rules. No explanation or condonation was sought for the late filing. The Supreme Court decision in Sammy’s Group (Pvt) Ltd v Meyburgh NO & Ors is binding and requires strict observance of time frames. The application is therefore improperly before the court and cannot be entertained.

Court Disposition

Exception and application to strike out dismissed

Orders

  • The application to strike out and the exception are dismissed with no order as to costs.