S v Chigodora (CON 235 of 2019; HH 47 of 2020; REF CA 202 of 2017) [2020] ZWHHC 47 (16 January 2020)

S v Chigodora (CON 235 of 2019; HH 47 of 2020; REF CA 202 of 2017) [2020] ZWHHC 47 (16 January 2020)

The applicant failed to provide a reasonable and plausible explanation for the delay in seeking condonation and leave to appeal. The grounds advanced did not demonstrate any prospects of success on appeal, as they did not attack the findings of the appeal court or raise any misdirection of law or fact. The justice of the case did not favour granting the relief sought.

Citation
[2020] ZWHHC 47
Parties
Applicant: Tendai Richman Chigodora; Respondent: The State
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
16 January 2020
Case Number
CON 235 of 2019 ; HH 47 of 2020 ; REF CA 202 of 2017
Procedural Posture
Criminal Appeal / Application for Condonation and Leave to Appeal to Supreme Court
Outcome
application dismissed
Legal Topics
Condonation, Leave to Appeal, Appeal Timelines, Prospects of Success
Source Language
English
Criminal Law Procedure Condonation Leave to Appeal Appeal Timelines Prospects of Success

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Parties

Tendai Richman Chigodora

Applicant

The State

Respondent

Procedural Posture

Criminal Appeal / Application for Condonation and Leave to Appeal to Supreme Court

Legal Issues

  1. 1 Whether the applicant has shown sufficient cause for condonation of late filing of application for leave to appeal
  2. 2 Whether there are reasonable prospects of success on appeal to the Supreme Court

Ratio Decidendi

The applicant failed to provide a reasonable and plausible explanation for the delay in seeking condonation and leave to appeal. The grounds advanced did not demonstrate any prospects of success on appeal, as they did not attack the findings of the appeal court or raise any misdirection of law or fact. The justice of the case did not favour granting the relief sought.

Court Disposition

application dismissed

Orders

  • Composite application for condonation of failure to apply for leave to timeously appeal and for leave to appeal are dismissed.