Judgment No. CCZ 10 /2015 12 Const. Application No. 8/2014 Mr Mambosasa for the applicant in response urged the Court not to grant the order sought by the respondent on the issue of costs, on the basis that this would be to ‘punish’ the client for the legal practitioner’s fault. The court found merit in Mr Fitches’ submissions. The application was indeed not brought properly before the court, and further, it purported to be an application when in reality it was meant to be an appeal against a final order of the Supreme Court. The applicant engaged counsel and must have instructed him on the nature of the application to place before the court. Therefore there can be no question of ‘punishing’ him for the legal practitioner’s ‘mistakes’. Finally, the respondent was put to the unnecessary cost of preparing opposing papers to the application, and appearing before the court for the hearing thereof. In the light of this, the court was satisfied that an order of costs on the higher scale was justified. It was for the reasons outlined in this judgment that the Court dismissed the application with costs on the legal practitioner and client scale. CHIDYAUSIKU CJ: I agree MALABA DCJ: I agree GOWORA JCC: I agree