Sithole and Another v Penniwill (Private) Limited and 11 Others (325 of 2023) [2023] ZWHHC 197 (26 May 2023)

Sithole and Another v Penniwill (Private) Limited and 11 Others (325 of 2023) [2023] ZWHHC 197 (26 May 2023)

The delay, though long, was reasonably explained by the applicants' legal practitioner who accepted full responsibility for the error. The applicants should not be penalized for their legal practitioner's mistake in these circumstances. Applicants have an arguable case with prospects of success and would suffer prejudice if not allowed to file their plea. Condonation is therefore granted, with costs to be paid by the applicants.

Citation
[2023] ZWHHC 197
Parties
Applicant: Tanaka Sithole; Applicant: Cynthia Sithole; Respondent: Penniwill (Private) Limited; Respondent: Editha Investments (Pvt) Ltd; Respondent: The Trustees for the Time Being of Gabriel and Angels Trust; Respondent: Nobert Mavunga; Respondent: Joice Pound; Respondent: Cecil Kachambwa; Respondent: Lewis Dowa; Respondent: Nyaradzo Cheza; Respondent: Pamela Kubara; Respondent: Linda Munjoma; Respondent: Bradley Trust; Respondent: The Sheriff of High Court of Zimbabwe N.O
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
26 May 2023
Case Number
325 of 2023
Procedural Posture
Application for Condonation / Ruling on Application for Condonation for Late Filing of Plea
Outcome
application for condonation granted
Legal Topics
Condonation, Late Filing of Pleadings, Legal Practitioner Negligence, Prospects of Success
Source Language
English
Civil Procedure Condonation Late Filing of Pleadings Legal Practitioner Negligence Prospects of Success

Case Brief

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Parties

Tanaka Sithole

Applicant

Cynthia Sithole

Applicant

Penniwill (Private) Limited

Respondent

Editha Investments (Pvt) Ltd

Respondent

The Trustees for the Time Being of Gabriel and Angels Trust

Respondent

Nobert Mavunga

Respondent

Joice Pound

Respondent

Cecil Kachambwa

Respondent

Lewis Dowa

Respondent

Nyaradzo Cheza

Respondent

Pamela Kubara

Respondent

Linda Munjoma

Respondent

Bradley Trust

Respondent

The Sheriff of High Court of Zimbabwe N.O

Respondent

Procedural Posture

Application for Condonation / Ruling on Application for Condonation for Late Filing of Plea

Legal Issues

  1. 1 Whether condonation should be granted for late filing of plea by the applicants
  2. 2 Whether the negligence of the applicants' legal practitioner should be visited on the applicants
  3. 3 Whether applicants have reasonable prospects of success in the main matter

Ratio Decidendi

The delay, though long, was reasonably explained by the applicants' legal practitioner who accepted full responsibility for the error. The applicants should not be penalized for their legal practitioner's mistake in these circumstances. Applicants have an arguable case with prospects of success and would suffer prejudice if not allowed to file their plea. Condonation is therefore granted, with costs to be paid by the applicants.

Court Disposition

application for condonation granted

Orders

  • The application for condonation of late filing of plea by first and second applicants in case no. HC 5689/21 is granted.
  • Applicants to file their plea within seven (7) days of the date of this order.