- 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”.