Claudius Mapedzamombe v Emily Mhini & 3 Ors

HH 353-12

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Case Details

Court

Harare High Court

Date

6 September 2012

Citation

HH 353-12

Neutral Citation

[2012] ZWHH 353

Outcome

unknown

Case Type

Trial

Bench

Presiding

Zhou J

Full Bench

Zhou J

Areas of Law

Civil ProcedureBanking Law

Keywords

Cause of actionVague and embarrassingExceptionAffidavit evidence

Key Issues

{"issue_text":"Whether the summons and declaration disclose a cause of action","issue_type":"procedural","dispositive":"yes","related_facts":"Summons merely states amount claimed and refers to attached affidavit; declaration is unintelligible"}
{"issue_text":"Whether the affidavit attached to the declaration should be struck out","issue_type":"procedural","dispositive":"no","related_facts":"Affidavit contains evidence which must not be contained in pleadings"}

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background

Facts of the Case

Background

The plaintiff instituted proceedings by summons against four defendants, including the Commercial Bank of Zimbabwe cited twice. The plaintiff attached an affidavit to prove damages to the summons and declaration. The second and third defendants (same entity) raised three objections: exception for failure to disclose a cause of action and vagueness, special plea of prescription, and application to strike out the affidavit.

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