MELGUND TRADING (PVT) LTD v CHINYAMA AND PARTNERS 2016 (2) ZLR 796 (H)

Flynote

Practice and procedure: " application " dismissal of " application for " want of prosecution " application for dismissal " when court will grant

Headnote

In considering an application to dismiss application proceedings for want of prosecution, a court has a wide discretion and must: (1) scrutinize the reasons for the respondent's delay; (2) consider the explanation for the delay; (3) consider any prejudice caused to the other party; (4) exercise the power to dismiss scarcely, in a careful manner and in extraordinary circumstances, duly balancing the interests of the applicant, the administration of justice and those of the respondent. Where a respondent fails to provide a reasonable explanation for its failure to adhere to the rules and it is clear from the respondent's conduct that it abused court process, the court is entitled to grant an application for dismissal. The court will take a dim view of conduct demonstrating a serious disdain for the rules of the court and the prescribed time limits. In an application for dismissal for want of prosecution, it is not a ground of opposition for a respondent to aver that he subsequently made arrangements for the application under scrutiny to proceed. Once a litigant has been served with an application for dismissal in terms of r 236(3) of the High Court Rules, he cannot file any other process in pursuance of the relevant proceedings.