Nharara v National Breweries (Civil Application 21 of 2004; SC 37 of 2007) [2007] ZWSC 37 (12 June 2007)

Nharara v National Breweries (Civil Application 21 of 2004; SC 37 of 2007) [2007] ZWSC 37 (12 June 2007)

The application was dismissed because the notice of appeal was fatally defective, could not be amended, was filed out of time without an application for extension, raised no points of law, and the applicant provided no good explanation for the delay or prospects of success.

Source-derived case information.

Citation
[2007] ZWSC 37
Parties
Applicant: John Nharara; Respondent: National Breweries
Court
Supreme Court of Zimbabwe
Jurisdiction
Zimbabwe
Judgment Date
12 June 2007
Case Number
Civil Application 21 of 2004 ; SC 37 of 2007
Procedural Posture
Civil Application / Ruling on Application for Extension of Time to File Notice of Appeal
Outcome
Application dismissed
Legal Topics
Extension of Time, Notice of Appeal, Compliance With Court Rules
Source Language
english
Labour Law Civil Procedure Extension of Time Notice of Appeal Compliance With Court Rules

Source-derived case record

Summary, issues, holding and outcome

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Parties

John Nharara

Applicant

National Breweries

Respondent

Procedural Posture

Civil Application / Ruling on Application for Extension of Time to File Notice of Appeal

Legal Issues

  1. 1 Whether the applicant should be granted an extension of time to file a notice of appeal
  2. 2 Whether a fatally defective notice of appeal can be amended or condoned

Ratio Decidendi

The application was dismissed because the notice of appeal was fatally defective, could not be amended, was filed out of time without an application for extension, raised no points of law, and the applicant provided no good explanation for the delay or prospects of success.

Court Disposition

Application dismissed

Orders

  • Application for extension of time to file notice of appeal is dismissed.