Manemo and Anor v Achinulu and Anor (HC 3230 of 2001) [2002] ZWBHC 12 (20 February 2002)

Manemo and Anor v Achinulu and Anor (HC 3230 of 2001) [2002] ZWBHC 12 (20 February 2002)

The delay in bringing the application was not inordinate and was satisfactorily explained; the applicants had prospects of success on the merits as the costs were in dispute and respondents' legal practitioners acted unfairly by confirming the provisional order without notifying applicants. Justice required that condonation and rescission be granted.

Citation
[2002] ZWBHC 12
Parties
Applicant: Wilfred Manemo; Applicant: Vimbai Chiremba Manemo; Respondent: Alphonsus Achinulo; Respondent: Stella Achinulo
Court
Bulawayo High Court
Jurisdiction
Zimbabwe
Judgment Date
20 February 2002
Case Number
HC 3230 of 2001
Procedural Posture
Application for Rescission of Judgment and Condonation / Judgment on Opposed Application
Outcome
Application for condonation and rescission granted.
Legal Topics
Rescission of Judgment, Condonation of Late Filing, Costs Taxation
Source Language
English
Civil Procedure Rescission of Judgment Condonation of Late Filing Costs Taxation

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Parties

Wilfred Manemo

Applicant

Vimbai Chiremba Manemo

Applicant

Alphonsus Achinulo

Respondent

Stella Achinulo

Respondent

Procedural Posture

Application for Rescission of Judgment and Condonation / Judgment on Opposed Application

Legal Issues

  1. 1 Whether the applicants' failure to comply with Rule 63(1) should be condoned
  2. 2 Whether the judgment confirming the provisional order should be rescinded

Ratio Decidendi

The delay in bringing the application was not inordinate and was satisfactorily explained; the applicants had prospects of success on the merits as the costs were in dispute and respondents' legal practitioners acted unfairly by confirming the provisional order without notifying applicants. Justice required that condonation and rescission be granted.

Court Disposition

Application for condonation and rescission granted.

Orders

  • Application for condonation of late filing of application for rescission succeeds.
  • Application for rescission succeeds.