PRECIOUS SIHLE SIBANDA
HIGH COURT OF ZIMBABWE
BULAWAYO 20 MARCH 2018 AND 29 MARCH 2018
J Sibanda for the plaintiff
T Dube for the 1st defendant
S Chamunorwa for the 2nd defendant
MATHONSI J: The plaintiff is a businessman of note. Apart from running a security company known as Homeguard Security Services (Pvt) Ltd, he also runs a money-lending micro-finance concern called Lien Enterprises which he says is involved in giving small loans of up to $500-00 although his personal assistant, Miriam Masuku, says at some stage it advanced a loan of $1500-00 to the first defendant, which she never paid back. He has sued the defendants in his personal capacity, initially for an order declaring the sale agreement between them involving stand number 1701 Kumalo Township portion of stand number 4125 Bulawayo Township (the property), null and void and directing the first defendant to transfer the property instead to himself. In the event of the first defendant’s failure to comply the plaintiff would want the sheriff of the court to do the honours.
At the commencement of the trial, Mr Sibanda who appeared for the plaintiff, applied to amend the plaintiff’s claim. Instead of seeking a declaration that the agreement of the defendants is null and void, the plaintiff sought an order that his agreement of sale with the first defendant involving the same property takes precedence over that between the defendants. Although the amendment was opposed by both defendants on the ground that it introduces a new cause of