Mponya and another v Sibanda and Others (121 of 2024) [2024] ZWBHC 121 (12 September 2024)

Mponya and another v Sibanda and Others (121 of 2024) [2024] ZWBHC 121 (12 September 2024)

Once a judge has ruled a matter is not urgent and provided reasons, the judge is functus officio and it is improper for a party to seek further audience on the same issue.

Citation
[2024] ZWBHC 121
Parties
Applicant: Levy Mponya; Applicant: Israel Syndicate; Respondent: Allan Sibanda; Respondent: Preachmore Maseko; Respondent: The Provincial Mining Director, Midlands Province N. O
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
12 September 2024
Case Number
121 of 2024
Procedural Posture
Urgent Chamber Application / Ruling on Propriety of Seeking Audience After Matter Struck Off Urgent Roll
Outcome
application for audience on urgency dismissed as improper; judge functus officio
Legal Topics
Urgency in Applications, Functus Officio, Interdicts
Source Language
English
Civil Procedure Urgency in Applications Functus Officio Interdicts

Case Brief

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Parties

Levy Mponya

Applicant

Israel Syndicate

Applicant

Allan Sibanda

Respondent

Preachmore Maseko

Respondent

The Provincial Mining Director, Midlands Province N. O

Respondent

Procedural Posture

Urgent Chamber Application / Ruling on Propriety of Seeking Audience After Matter Struck Off Urgent Roll

Legal Issues

  1. 1 Whether a party is entitled to seek audience to make oral submissions on urgency after a judge has ruled the matter not urgent and struck it off the urgent roll

Ratio Decidendi

Once a judge has ruled a matter is not urgent and provided reasons, the judge is functus officio and it is improper for a party to seek further audience on the same issue.

Court Disposition

application for audience on urgency dismissed as improper; judge functus officio

Orders

  • No further pronouncement on urgency
  • No order as to costs