Bezbets loses High Court appeal against punter

Published: 20 hours ago

The High Court has struck off Bezbets Betting Company's application for condonation, extension of time to note an appeal, and reinstatement of an appeal against local punter Prosper Dembedza, ruling the bid "fatally defective."

Justice Siyabona Musithu dismissed the application after finding that Bezbets had failed to demonstrate prospects of success in its founding affidavit - a key requirement for both condonation and reinstatement of appeal.

Bezbets had sought to challenge a lower court ruling ordering it to pay Dembedza more than US$5,000 in betting winnings. The company had refused to pay the full amount after Dembedza's October 2023 roulette bet win, offering him US$1,800 instead of the US$5,400 he had won. A Harare magistrate later fined Bezbets US$500 for fraud in March this year.

In the High Court application, Bezbets owner Bernard Zieve argued that his failure to file heads of argument on time was due to a mistaken belief that filings could only be made after the court's August vacation. He claimed the delay was minimal - only three days - and that the company should not be punished for his error.

Dembedza, through lawyer Peter Patisani, opposed the application, arguing that there was no valid appeal to reinstate as Bezbets had filed in the High Court's General Division instead of the Commercial Division, which has jurisdiction over such matters. He also accused the betting firm of abusing the legal process to delay payment and litigate him "out of pocket."

Justice Musithu agreed that the failure to plead and demonstrate prospects of success was fatal to the application.

"The principle that permeates across the authorities is that prospects of success must be properly pleaded and demonstrated in the founding affidavit," the judge said. "Failure to do so renders the application defective."

The court struck the matter off the roll, ordering Bezbets to pay Dembedza's legal costs.

Dembedza's dispute with Bezbets began on October 26 last year when he placed a US$394 roulette bet on the company's platform, which promised a potential US$5,400 payout if successful. After winning, Bezbets refused to pay the full amount, prompting the police complaint and subsequent prosecution.
- Newsday

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