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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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