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High
Court order - Gramara (Pvt) Ltd & Cloete v. Government
of the Republic of Zimbabwe
J
Patel
January 26, 2010
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Opposed
Application
The two applicants
herein were parties together with 77 others in a matter that was
adjudicated by the Southern African Development Community Tribunal
(the Tribunal) in the case of Mike Campbell (Pvt) Ltd & Others
v The Republic of Zimbabwe Case No. SADC(T) 2/2007. The Tribunal
gave its judgment in favour of the applicants on the 28th of November
2008. They now seek an order for the registration of the decision
of the Tribunal for the purposes of its enforcement in Zimbabwe.
Before dealing
with the main issues in this matter, it is necessary to attend to
several preliminary issues that have arisen for determination.
Applications
for Condonation
The applicants
filed and served their Heads of Argument herein on the 6th of July
2009. Four months later, on the 5th of November 2009, the respondents
filed an application in Case No HC 5483/09 for the condonation of
the late filing of their Heads and for the admission into evidence
of a supplementary affidavit. The intervener was even more sluggish
and only filed his Heads one day before the hearing of this matter.
His counsel then sought condonation at the hearing itself.
In view of the
importance of this case and in order that all the relevant issues
be fully ventilated, both applications were granted by consent.
However, given the inordinate delay in filing their application,
the respondents were ordered to pay the applicants' costs in respect
of Case No. HC 5483/09.
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