Mashonaland Turf Club v Susan Peters and Gibson Investments

[2021] ZWHH 07

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Case Details

Court

Harare High Court

Date

7 December 2020

Citation

[2021] ZWHH 07

Judgment No.

HH 07/21

Outcome

unknown

Case Type

Application

Bench

Presiding

Dube-Banda J

Full Bench

Dube-Banda J

Areas of Law

Civil ProcedureContract Law

Keywords

amendment of pleaRegional Country and Town Planning Actillegality defencedelay in litigation

Key Issues

{"issue_text":"Whether defendants should be granted leave to amend their plea at this late stage of the trial","issue_type":"procedural","dispositive":"yes","related_facts":"Amendment filed after 3 witnesses testified, 6 year 8 month delay"}
{"issue_text":"Whether the amendment would cause undue prejudice to the plaintiff","issue_type":"procedural","dispositive":"no","related_facts":"Plaintiff would need to recall witnesses, file new pleadings"}

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background

Facts of the Case

Background

The defendants sought to amend their plea filed in 2014 during an ongoing trial in December 2020, after three witnesses had already testified, to introduce a new defence that the lease agreements were illegal under the Regional Country and Town Planning Act.

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