Judgment No. SC 69/15 14
Civil Appeal No. SC 9/14
I am not persuaded that the issue of the alleged lacuna in the law was a more
important point for determination, than the other issues raised in this appeal. I find, in any
case, that even though the appellant was successful on the ground relating to the court a quo’s
jurisdiction to hear the matter on the merits, he would still have had to confront the hurdle
posed by his failure to cite all the necessary parties to the dispute. Accordingly, I see no
reason for departing from the general rule that costs follow the cause.
In the result it is ordered as follows;
The appeal be and is hereby dismissed with costs.
ZIYAMBI JA:
I agree
GUVAVA JA:
I agree
Messrs Maunga, Maanda & Associates, appellant’s Legal Practitioners
Nyika, Kanengoni & Partners, 1st, 2nd & 3rd appellants’ legal practitioners
Mandizha & Company, 4th respondent’s legal practitioners