SC 02-18 Lovemore Chaza v Never Chawareva + 1 judgment

EX TEMPORE

 

LOVEMORE     CHAZA

v

  1.     NEVER     CHAWAREVA     (2)     MINISTER     OF     LOCAL     GOVERNMENT     PUBLIC     WORKS     AND     NATIONAL     HOUSING

 

 

SUPREME COURT OF ZIMBABWE

GWAUNZA JA, HLATSHWAYO JA & ZIYAMBI AJA

HARARE, OCTOBER 26 2017

 

 

M. Mavhiringidze, for the appellant

F. Chiriwawadzimba, for the first respondent

No appearance for the second respondent

 

 

 

GWAUNZA JA:       In this matter Counsel for the first respondent raised a point in limine to the effect that the appellant having been barred in the court a quo for failure to file his heads of argument, had no right of audience before this court. 

 

 

She submitted that consideration by the court a quo of the merits of the matter, did not alter the legal position, that in fact the judgment a quo was given in default. Counsel relied for these contentions on a judgment of this court, Zvinavashe v Ndlovu 2006 (2) ZLR 372 (S) where the following was stated at pg 375;

 

“for the avoidance of doubt, it is declared that the giving of reasons for the default judgment in question by the court a quo was unnecessary and consequently of no force or effect.  It does not convert the default judgment into a judgment on the merits”.

 

2018

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