Katsimberis v Rwodzi N.O and Another (246 of 2022) [2022] ZWHHC 246 (13 April 2022)

Katsimberis v Rwodzi N.O and Another (246 of 2022) [2022] ZWHHC 246 (13 April 2022)

Failure to state the relief prayed for ex facie the application is a fatal non-compliance with Rule 257. There is no proper application before the court, and condonation is not available in the absence of an application and where interests of justice do not require it.

Citation
[2022] ZWHHC 246
Parties
Applicant: George Katsimberis; 2nd Respondent: Letwin Rwodzi (N.O.); Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
13 April 2022
Case Number
246 of 2022
Procedural Posture
Application for Review / Ruling on Preliminary Objection (compliance With Procedural Rules)
Outcome
Application struck off the roll
Legal Topics
Review Applications, Compliance With Court Rules, Notice of Motion Requirements, Condonation
Source Language
English
Civil Procedure Review Applications Compliance With Court Rules Notice of Motion Requirements Condonation

Case Brief

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Parties

George Katsimberis

Applicant

Letwin Rwodzi (N.O.)

2nd Respondent

The State

Respondent

Procedural Posture

Application for Review / Ruling on Preliminary Objection (compliance With Procedural Rules)

Legal Issues

  1. 1 Whether the application for review complies with Rule 257 of the High Court Rules 1971
  2. 2 Whether failure to state the relief prayed for ex facie the application is fatal
  3. 3 Whether the court can mero motu raise procedural non-compliance

Ratio Decidendi

Failure to state the relief prayed for ex facie the application is a fatal non-compliance with Rule 257. There is no proper application before the court, and condonation is not available in the absence of an application and where interests of justice do not require it.

Court Disposition

Application struck off the roll

Orders

  • The application is struck off the roll with no order as to costs.