31/07/2025
BEZBET$ LOSES HIGH COURT BID AGAINST PUNTER DEMBEDZA
Betting company Bezbets had its High Court application for condonation and appeal reinstatement struck off the roll by Justice Siyabona Musithu, ruling the application defective.
Bezbets had sought to reinstate an appeal against punter Prosper Dembedza, to whom they denied winnings of over US$5,000. Bezbets was also ordered to pay Dembedza's legal costs.
Bezbets owner Benard Zieve had argued that the "Bezbets Betting Company" name was non-existent and that he, as the licensee trading as Bezbets, was solely responsible for disputes and could only sue or be sued in his name.
He claimed the failure to file heads of argument for an initial appeal (filed June 28, 2024, under HC 2819/24) was due to an "erroneous appreciation of the rules" regarding the court's August vacation, leading to the appeal being deemed abandoned on August 28, 2024.
Dembedza, represented by Peter Patisani, successfully argued that Bezbets' application was flawed because it failed to address the prospects of success in the founding affidavit and that the High Court's General Division could not reinstate an appeal that should have been lodged with the Commercial Division of the High Court.
Dembedza also highlighted that Bezbets had previously identified "Bezbets Betting Company" as a trade name in a default judgment application.
Justice Musithu concurred with Dembedza, ruling that the application was "fatally defective" due to the failure to properly plead prospects of success.
This High Court ruling follows a March 15, 2024, decision by a Harare magistrate who ordered Bezbets to pay a US$500 fine for defrauding Dembedza.
Dembedza had won US$5,400 on a US394 roulette bet via the Bezbets online platform on October 26, but the company refused to pay, offering only US1,800.
