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Harare High Court
Catherine Kumbula v Pearl Properties
HH 20-16
Case Details
Court
Harare High Court
Date
13 January 2016
Citation
HH 20-16
Neutral Citation
[2016] ZWHH 20
Outcome
unknown
Case Type
Application
Bench
Presiding
Musakwa J
Full Bench
Musakwa J
Areas of Law
Civil ProcedurePleading Requirements
Keywords
summons defectcause of actiondeclarationOrder 3 rule 11(c)exception
Tags
exceptiondefective summonsHigh Court RulesOrder 3 rule 11
legislation
Statutes Cited
- High Court Rules
- High Court Rules
- High Court Rules
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the summons complies with Order 3 rule 11(c) requirement for a true and concise statement of the nature, extent and grounds of the cause of action","issue_type":"procedural","dispositive":"yes","related_facts":"Summons contained only prayers for monetary amounts"}
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background
Facts of the Case
Background
The plaintiff issued summons claiming damages and filed a declaration amplifying the claim. The defendant filed an exception arguing the summons was defective for failing to comply with Order 3 rule 11(c) by not containing a general statement of the cause of action. The plaintiff had filed a notice of amendment before the exception was heard.
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