NATIONAL SOCIAL SECURITY AUTHORITY

versus

CITY OF MUTARE

HIGH COURT OF ZIMBABWE

CHIKOWERO J

HARARE, 15 June 2018 & 4 July 2018

Special plea of prescription

J.R Tsivama, for the plaintiff

Advocate F Chinwawadzimba, for the defendant

            CHIKOWERO J: The real issue for determination is whether the plaintiff is seeking a declarator.

            If I find that the relief sought is not a declaration of rights the prescription argument would succeed. The plaintiff’s claim would consequently be dismissed without the need to proceed to trial.

            These two matters viz HC 8044/14 and HC 8045/15 raise similar issues. They were consolidated at the Pre Trial Conference held on 23 February 2016, and referred to trial.

            The issues were couched as:

• whether or not the plaintiff’s claim has prescribed?
• whether or not the agreement of sale was validly terminated?
• whether or not the plaintiff is entitled to the relief sought?

With the consent of the parties the matter was set down for 15 June 2018 for hearing of