SC 10-13 - BISHOP JAKAZI & ORS v THE ANGLICAN CHURCH OF THE PROVINCE OF CENTRAL AFRICA & ORS

1. BISHOP ELSON MADODA JAKAZI  (2) THE BOARD OF TRUSTEES  ANGLICAN  DIOCESE  OF MANICALAND    

v

         (1) THE ANGLICAN CHURCH OF THE PROVINCE OF CENTRAL AFRICA (2) REVEREND JOSEPH CHIPUDHLA (3) RIGHT REVEREND RALPH PETER HATENDI

 

SUPREME COURT OF ZIMBABWE

HARARE, DECEMBER 10, 2012 & FEBRARY 21, 2013

T.M Kanengoni with C Nyika, for the applicants

A.P de Bourbon with T Mpofu, for the respondents

 

Before, ZIYAMBI JA, in chambers in terms of r 5 arw r 31 of the Supreme Court Rules.

 

This is an application for condonation of the late noting of an appeal and an extension of time within which to appeal against a judgment of the High Court (BHUNU J). The judgment was delivered on 19 May 2010.  The applicants filed an invalid notice of appeal on 21 May 2010.  The invalidity of the notice of appeal was pointed out to the applicants’ legal practitioners in heads of argument filed by the respondents on 3 August 2010.  On 22 October 2012, the matter came before the Supreme Court for hearing and the issue of the invalidity of the notice of appeal not having been addressed by the applicants, the matter was struck off the roll.  The present application was filed on 1 November 2012.  Bearing in mind the date of the judgment sought to be appealed against, it is clear that the delay in making this application is inordinate.

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