HH 365-18 THELMA MADZONGO versus CLIPCRUNT REAL ESTATE & ANOTHER

THELMA MADZONGO                                                                                    

versus

CLIPCRUNT REAL ESTATE & ANOTHER                                               

 

 

 

HIGH COURT OF ZIMBABWE                                                            

CHITAKUNYE J.

HARARE, 11 JUNE 2018

 

Opposed Matter -Ex-Tempore Judgement

 

Ms M. Mangwiro, for the Applicant

TR Tanyanyiwa, for the 1st Respondent

2nd Respondent in default

CHITAKUNYE J: This is an application for amendment of the plaintiff’s declaration in terms of Order 20 Rule 132 (1) of the High Court Rules. The applicant sued the first respondent and second respondent, first respondent being Clipcrunt Real Estate and second respondent Tafadzwa Chigova by way of summons. The matter reached a pre-trial conference stage where the parties appeared before a pre-trial conference judge. Issues were then raised pertaining to the pleadings more specifically issues pertaining to the applicant’s then declaration. As a result of which both parties agreed that the matter be removed from the roll. It was left up to the applicant’s legal practitioner to decide on the way forward which way forward was done by way of filing this application in which they seek to amend the applicant’s declaration to clarify the issues which they say the judge at the PTC said needed to be clarified.

In an application of this nature I do note that counsel for both the applicant and the first respondent have alluded to the appropriate law and rules applicable. In the circumstances it is for this court to decide whether this application meets the criteria. Without going through the facts of 

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2018