DISTRIBUTED BY VERITAS TRUST Tel: [263] [4] 794478 Fax & Messages [263] [4] 793592 E-mail: veritas@mango.zw 11 Veritas makes every effort to ensure the provision of reliable information, but cannot take legal responsibility for information supplied. Judgment No. SC 37/18 Civil Appeal No. SC 433/16 papers that she had not come to court to vary the consent order. Lastly, the appellant had not proved that there had been a change in her fortunes. What she sought to do was to make her case in her answering affidavit, which is not permissible. ISSUES FOR DETERMINATION [21] In my view, the issues that arise for determination before this court are the following. First, whether the grounds of appeal comply with the Rules or are so fatally defective as to render the appeal a nullity. Second, whether it was competent for the appellant to apply for an upward variation of the maintenance before seeking a rescission of the consent order. Third, whether there were material disputes of fact and, if so, whether the court a quo was correct in finding, without resolving those disputes, that the appellant had not shown good cause for the upward variation and extension of the order of maintenance. Lastly, the appropriate order to be made in the circumstances. I deal with each of these in turn. GROUNDS OF APPEAL – WHETHER VALID [22] The appellant was granted leave by this court on 18 November 2016 to file amended grounds of appeal. Consequent to that order, the appellant filed, on 2 December 2016, the amended grounds of appeal that I have already referred to. The preliminary point taken by the respondent in heads of argument filed on 17 October 2016 was therefore overtaken by the order of this Court dated 18 November 2016. Nevertheless, the respondent submitted before this court that even the new grounds of appeal are not compliant with the rules of this Court which require that such grounds should be concise. In my view, learned counsel was indeed correct in objecting to the grounds of appeal as formulated. Some of the grounds remained vague