HH 199-18 CHINA AFRICA COTTON ZIMBABWE (PRIVATE) LIMITED versus QUTON SEED COMPANY (PRIVATE) LIMITED

CHINA AFRICA COTTON ZIMBABWE (PRIVATE) LIMITED

versus

QUTON SEED COMPANY (PRIVATE) LIMITED

 

 

 

HIGH COURT OF ZIMBABWE

CHAREWA J

HARARE, 28 February & 11 April 2018                              

 

 

 

Opposed Matter- Exception

 

 

 

Mr S Muzondiwa, for the plaintiff

Mr T Chagonda, for defendant

 

 

CHAREWA J: Plaintiff issued summons against the defendant, on 21 November 2017, claiming an order for eviction, holding over damages in the amount of $7 873,97 per month from 1 October 2017 to date of eviction and legal practitioner and client costs. On 30 November 2017, the defendant notified the plaintiff that its summons and declaration were defective as they did not give a concise statement of the nature of the claim, and thereby disclosed no cause of action. As a consequence, the plaintiff filed a notice to amend on 11 December 2017 to cure the defect. On 12 December 2017, the defendant excepted to the summons and declaration.

Procedural Irregularities

The offending parts of the summons read as follows:

“Plaintiff’s claim is for:-

  1. An Order evicting the defendant and all those claiming occupation through it from the leased premises 222A Sally Mugabe Way Glendale Township, Glendale.
  2. Holding over damages at the rate of $7 873.97 per month calculated from 1st of October to the date of eviction.
  3. Costs of suit on a Legal Practitioner-Client scale, as will more fully appear from Plaintiff’s Declaration attached hereto.”

 

For its part, the declaration reads in the relevant paragraphs as follows:

 

“3. On the 27th day of December 2011, Plaintiff and Defendant executed a lease agreement in terms of which Plaintiff leased out to Defendant certain premises known as No. 222A Sally Mugabe Way, Glendale Township.

4. The duration of the lease was five years commencing on the 1st of January 2012 to the 31st of December 2016.

 

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2018