Judgment No. 7/2018 Civil Application No. SC 409/2016 Aggrieved by the court a quo’s order, the appellant sought to appeal to this Court. He initially filed his notice of appeal on time but the application was struck off the roll with costs for want of compliance with r 29. The appeal was fatally defective in that it did not state the date on which the judgment appealed against was handed down, thereby prompting this application. The taxed costs amounted to $7 545.25. (Seven Thousand five hundred and forty-five dollars twenty –five cents). At the hearing Mr Mpofu counsel for the first respondent raised a point in limine objecting to the continuation of the proceedings before the applicant has settled the first respondent’s wasted costs. He accordingly moved for the proceedings to be stayed pending payment of the outstanding wasted costs. Mr Girach counsel for the applicant after taking brief instructions acknowledged that his client owed the first respondent the taxed costs. He however countered that his client is owed some untaxed costs by the first respondent. He then proposed that the first respondent’s costs be set off against the applicant’s untaxed costs. When it was pointed out to him that a liquidated amount cannot be set off against an illiquid amount he conceded the point but countered that the respondent should execute against applicant’s property. In further argument he submitted that justice must be dispensed quickly and fairly with due regard to the need to effect finality to ligation. It was his submission that the first respondent should effect execution for wasted costs awarded while the hearing proceeds to finality on the merits. 2

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