DISTRIBUTABLE (10)
Judgment
No. SC 17/08
Civil
Application No. 35/08
ZIMBABWE
BANKING CORPORATION
v
CECIL
MADONDO
SUPREME
COURT OF ZIMBABWE
HARARE,
APRIL 2 & AUGUST 28, 2008
J C Andersen SC, for the applicant
F Mutamangira, for the respondent
Before CHEDA JA: In Chambers, in terms of r 34 of the
Supreme Court Rules.
This is an application for an order allowing the applicant
condonation of one days delay in noting an appeal.
The application is opposed by the respondent.
The applicants case is that the delay of one day was a result of
an error made by its legal advisors on computing the time
within
which to appeal.
However, once the error was noticed and appropriate action taken
the application for condonation was filed on 22 February.
On the merits, it is clear that the amount of interest charged is
an arguable amount which requires that evidence be led to establish
certain aspects of the matter.
The respondent rightly concedes that the Court has a discretion in
such a matter.
I am satisfied that the period of delay, resulting from an error,
is not unduly long in this case, and that the applicant should
be
afforded an opportunity to contest the issue of the interest charged
by the respondent.
The applicant was at fault because of the error by its legal
advisors and the respondent should in turn have appreciated the
issue
raised by the applicant concerning interest.
Opposing the application was therefore unjustified in my view.
I am reluctant to grant costs to either party in the circumstances.
I therefore order as follows -
1. Leave to note an appeal out of time is hereby granted.
2. Each party will bear its own costs.
Gill, Godlonton & Gerrans, applicants legal
practitioners
Mutamangira, Maja & Associates, respondents legal
practitioners