TETRAD INVESTMENT BANK LIMITED (Under Judicial Management)

versus

GOLDEN HORSE (PRIVATE) LIMITED t/a FOOD KING SUPERMARKETS

and

GUOXING GONG

and

WEI WEI PROPERTIES (PRIVATE) LIMITED

HIGH COURT OF ZIMBABWE

ZHOU J

HARARE, 29 May & 27 June 2018

Opposed Application

T. Zhuwarara for the applicant

F. Nyangani for the respondents

ZHOU J: This is an application in terms of r 236 (3) (b) for the dismissal for want of prosecution of the application instituted by the respondents under Case No. HC 8660/17.  The application is opposed by the respondents.

The basic facts upon which the application is founded are as follows.  On 19 September 2017 the respondents filed a court application for amendment of their pleadings in Case No. HC 2749/13.  The applicant filed its opposing papers and served them upon the respondents on 4 October 2017.  The respondents thereafter did nothing to bring their application to finality.  On 10 November the applicant filed the instant application for dismissal, and served it upon the respondent on the same day.  The respondents filed their notice of opposition and opposing affidavit in the present matter on 4 December 2017 by which date they were out of time and therefore barred.  The respondents filed their answering affidavit and heads of argument in the main matter on 6 December 2017.  They filed their heads of argument in the present matter out of