HH 364-18 NATVERLAL MORARJI PATEL and Anor versus VEEMCO (PRIVATE) LIMITED and Anor

NATVERLAL MORARJI PATEL

and

NATVERP TRUST

versus

VEEMCO (PRIVATE) LIMITED

and

HEMANT PATEL

 

 

HIGH COURT OF ZIMBABWE

CHITAKUNYE J

HARARE, 26 September 2017 & 28 June 2018

 

Opposed application

 

T Mpofu, for the 1st and 2nd applicants

H Ranchhod, for the 1st and 2nd respondents

 

 

            CHITAKUNYE J. This is an application described by the applicant as “court application for mandamus orders to pay and to sell property alternatively a winding up.”

The applicants founding affidavit is a convoluted lengthy document in the mode of a lengthy story that goes back and forth without being precise. This in my view is a typical example of what an affidavit should never be. In my view an affidavit should be factual, concise and chronologically clear and to the point. It must contain facts that are relevant to establish the cause of action and the relief being sought. Information that is irrelevant must be avoided.

In casu, the founding affidavit before me comprises 26 pages long comprising 26 paragraphs most of which have subparagraphs. As if that was not enough the answering affidavit comprises 22 pages consisting of 30 paragraphs most of which have subparagraphs again convoluted and not concise. Much of the information contained in the affidavits was really not relevant to establish the cause of action or relief sought.

 

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2018