Matsvimbo and Another v Ndoro and 2 Others (865 of 2022) [2022] ZWHHC 865 (1 December 2022)

Matsvimbo and Another v Ndoro and 2 Others (865 of 2022) [2022] ZWHHC 865 (1 December 2022)

The appeal was dismissed because the founding affidavit was not commissioned, signed, or dated, and thus there was no valid application before the court. The Magistrate was correct to dismiss the application and award costs to the respondents.

Citation
[2022] ZWHHC 865
Parties
Appellant: Maxwell Matsvimbo Sibanda; Appellant: Gladys Sibanda; Respondent: Martin Ndoro; Respondent: Mercy Ndoro; Respondent: Messenger of Court
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
1 December 2022
Case Number
865 of 2022
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed with costs
Legal Topics
Stay of Execution, Founding Affidavit Requirements, Costs
Source Language
English
Civil Procedure Stay of Execution Founding Affidavit Requirements Costs

Case Brief

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Parties

Maxwell Matsvimbo Sibanda

Appellant

Gladys Sibanda

Appellant

Martin Ndoro

Respondent

Mercy Ndoro

Respondent

Messenger of Court

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Magistrate erred in dismissing the application for stay of execution for want of a properly commissioned founding affidavit
  2. 2 Whether costs were properly awarded to the respondents

Ratio Decidendi

The appeal was dismissed because the founding affidavit was not commissioned, signed, or dated, and thus there was no valid application before the court. The Magistrate was correct to dismiss the application and award costs to the respondents.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.