HH 397-18 THE TRIAL OFFICER (CHIEF SUPERINTENDENT MUPITA N) and Anor versus CONSTABLE MAVHUNDA

THE TRIAL OFFICER

(CHIEF SUPERINTENDENT MUPITA N)

and

THE COMMISSIONER GENERAL OF POLICE

and

ATTORNEY GENERAL

versus

CONSTABLE MAVHUNDA

 

 

 

HIGH COURT OF ZIMBABWE

ZHOU J

HARARE, 31 May 2018

 

 

 

Opposed Matter

 

 

D. Jaricha, for the applicant

N. Mugiya, for the respondent

 

 

            ZHOU J: This is an application for dismissal for want of prosecution of an application filed by the respondent under Case No. HC 2418/17. Case No. HC 2418/17 is an application by the respondent for the reinstatement of an application for review which was also dismissed by this court for want of prosecution. The instant application is opposed by the respondent.

            The purpose of s 236 (4) is to ensure that cases instituted are prosecuted expeditiously to avoid clogging the court system with dormant cases or matters that the parties are not in a hurry to bring to finality for whatever reason. Where an application for dismissal for want of prosecution is instituted it is up to the respondent to explain its default in order for this court to consider relief other than dismissal. Reading through the respondent is opposing affidavit in casu, one finds no explanation for the failure to prosecute the application. Instead, the respondent displays the attitude that because he has now filed a request for the matter to be set down then the court should not dismiss the application for want of prosecution.

 

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2018