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LEGAL RESEARCHWhat are the requirements for an application for condonation?
Gweta Online
A successful application generally requires:
- A reasonable explanation for the delay
- Bona fide prospects of success
- Absence of prejudice
⚖ Source verified
Bessie Maheya v Independent Africa Church
SC-58-07 at p 5, Malaba JA (as he then was)
Bessie Maheya v Independent Africa Church
SC-58-07 at p 5, Malaba JA (as he then was)
When is a supporting affidavit invalid?
Gweta Online
The High Court held that an affidavit is invalid where:
- The commissioner of oaths is not clearly identified
- The commissioner's office or capacity is not disclosed
- The date, place or contemporaneous administration of the oath is not established
⚖ Source verified
Prosecutor General v Makarichi & 2 Others
HH 502-23; [2023] ZWHHC 588 at paras 21–24
Prosecutor General v Makarichi & 2 Others
HH 502-23; [2023] ZWHHC 588 at paras 21–24
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