LOVENESS JIRI

versus

LOICE MUNYIKWA

and

LOVEMORE JIRI

and

MASTER OF THE HIGH COURT

HIGH COURT OF ZIMBABWE

CHIWESHE JP

Harare, 20 July 2010

V. Mukwachari, for the applicant

L. Uriri, for the respondent

            CHIWESHE JP:  At the hearing of this opposed matter a point in limine was raised, namely that the matter had, by order of this court under case number HC 1920/08, been dismissed for want of prosecution.  The order given by my brother Omerjee J on 19 May 2008 reads:

            “IT IS ORDERED THAT:

1. Respondent be and is hereby ordered to file a Chamber Application for edictal citation within 14 days of service of order upon first respondent.

1. Should the respondent fail to comply with the directive in 1 above the applications made under case number HC 7410/06 and 6937/06 shall on the 8^thday be dismissed for want of prosecution.”

The applicant in this matter was the respondent referred to in that order.

            This order was not complied with and consequently the present application was dismissed, in terms of that order, for want of prosecution.  No application for reinstatement has been filed and until that is done and an order to that effect granted, the application cannot be entertained.

Mr Mukwachari for the applicant made an application for the postponement of the hearing to enable him to take instructions on this point in limine.  No tangible reasons were given as to why those instructions had not been taken prior to the hearing and moreso as Omerjee J’s order was made as far back as May 2008.  Needless to say I refused the application and ordered as follows:

1. The application to postpone the matter be and is hereby dismissed.
2. The matter be and is hereby struck off the roll.

1. The applicant is to pay the wasted costs.

T.H. Chitapi & Associates, applicant’s legal practitioners

Messrs Uriri Attorneys-At-Law, respondent’s legal practitioners