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DUBE v PREMIER SERVICE MEDICAL AID SOCIETY & ANOR 2019 (3) ZLR 589 (S)

2019 (3) ZLR p589

Citation

2019 (3) ZLR 589 (S)

Case No

Judgment No. S-73-19

Court

Supreme Court, Harare

Judge

Garwe JA (in chambers)

Heard

3 July 2019

Judgment

19 September 2019

Counsel

L Madhuku, for the applicant
Ms F Mahere, for the respondents

Case Type

Chambers application

Annotations

Flynote

Appeal – appeal struck off roll – reinstatement of appeal – whether appeal can be reinstated or whether appellant must note new appeal and if necessary apply for condonation of late filing of appeal – effect of para 5 of Practice Directive 3 of 2013

Constitutional law – Constitution of Zimbabwe 2013 – superior courts – inherent jurisdiction of courts to regulate their own procedure independently of rules of court to do justice to parties

Practice and procedure – affidavit – affidavit filed on behalf of legal entity – whether deponent must be authorised by resolution of board of directors of legal entity

Practice and procedure – practice directives – legal effect of – directive having effect of overriding rules of court – not permissible

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