Online Reporter
Fidelis Munyoro
Chief Court Reporter
THE High Court has granted an application by the National Pharmaceutical Company of Zimbabwe (Pvt) Ltd (NPCZ) for condonation and the upliftment of a bar after filing its opposing papers out of time.
The application was opposed by Florah Nancy Sifeku, who raised several preliminary objections.
Justice Samuel Deme dismissed all the objections and ruled in favour of the pharmaceutical company.
The drug- drug-manufacturing company sought relief to have its opposing papers, which were filed late, deemed to have been properly filed.
The delay in filing was attributed to logistical challenges and miscommunication regarding instructions to the company’s legal representatives.
Sifeku argued that the application was moot, incompetent, and procedurally flawed, while also raising concerns about authorisation and adherence to the rules of court.
Justice Deme dismissed these objections, stating that they lacked merit.
On the merits, Justice Deme found that NPCZ had provided a reasonable explanation for its delay.
NPCZ had missed the deadline by one day due to logistical challenges, including the unavailability of the deponent to the affidavit.
The court noted that the delay was not inordinate and that the NPCZ demonstrated prospects of success in the main matter, which involves the interpretation of provisions of the Public Entities Corporate Governance Act.
Quoting from his judgment, Justice Deme stated: “By filing the opposing papers, though out of time, the Applicant demonstrated its appetite to oppose the main matter. In the circumstances, I am of the view that the Applicant ought to be given an opportunity to defend the main matter in order to bring finality to that matter.”
The court also emphasised the principle that while litigants must comply with procedural rules, justice requires balancing the fault of a party against the need to resolve disputes on their merits.
Justice Deme concluded that the NPCZ’s application was bona fide and that its explanation for the delay was reasonable.
The court ordered that the opposing papers filed by the NPCZ in case HC 4502/23 be deemed properly filed and lifted the bar against the company. There was no order as to costs.
