S v MCNAB 1986 (2) ZLR 280 (S)

Flynote

Appeal — grounds of appeal — clearly and specifically set out — notice of appeal — invalid — condonation of. Practice and procedure — failure to observe Rules — condonation — practitioner's carelessness — interests of litigant — weight to be given to.

Headnote

A notice of appeal which states that the court a quo "erred in fact and in law in holding that the State proved ..." fails to comply with the Rules. Non-observance of the Rules is detrimental to the administration of justice and the court will not be lax in dealing with non-observance of the Rules. Condonation may be refused even where this entails visiting the negligence of the legal practitioner concerned upon his client