Biltrans Services (Private) Limited v Dick Togarasi Mutadziki and Others

The applicant sought leave to appeal to the Supreme Court. However, upon examination of the record, the court found that there were no reasons provided for the ruling that was the subject of the intended appeal. The application appeared to be premature as the necessary foundation - the reasons for the ruling - had not been obtained.

• Whether an application for leave to appeal can proceed without reasons for the ruling being appealed against
• Whether the procedural requirements for an application for leave to appeal were satisfied

The matter was struck off the roll with no order as to costs. The applicant was directed to obtain the reasons for the ruling by letter to the Registrar of the High Court.

An application for leave to appeal to the Supreme Court must be premised upon reasons for the ruling by the court. An application for leave to appeal is premature and cannot proceed where the reasons for the ruling being appealed have not been obtained and are not on the record.

The court did not make any significant obiter dicta observations in this brief procedural ruling. The judgment was limited to the specific procedural defect before it.

This case reinforces the procedural requirement in Zimbabwean civil procedure that an application for leave to appeal must be founded on the reasons for the judgment or ruling being appealed. It demonstrates that courts will not entertain premature applications for leave to appeal where the applicant has not first obtained the necessary reasons from the trial court. The case emphasizes the importance of following proper procedural steps in the appeals process.