Raftsman Investments (Private) Limited v Robbin Francis H Tebb

SC 138/20

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Case Details

Court

Supreme Court

Date

22 October 2020

Citation

SC 138/20

Neutral Citation

[2020] ZWSC 138

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Mavangira JA

Full Bench

Garwe JAMavangira JABere JA

Areas of Law

Civil ProcedureCommercial Law

Keywords

amendment of pleadingssurety bondmortgage bondabuse of court process

Key Issues

{"issue_text":"Whether the court a quo erred in refusing the appellant's petition for amendment of pleadings","issue_type":"procedural","dispositive":"yes","related_facts":"Amendment sought after pleadings closed; founding affidavit lacked crucial information"}
{"issue_text":"Whether the amendment sought constituted abuse of court process","issue_type":"procedural","dispositive":"no","related_facts":"Amendment sought to introduce new claim at pre-trial stage"}
{"issue_text":"Whether the founding affidavit provided sufficient basis for the amendment","issue_type":"procedural","dispositive":"yes","related_facts":"Founding affidavit failed to attach pleadings and give background"}

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background

Facts of the Case

Background

The appellant sought to amend its summons and declaration in HC 9631/16 to add a prayer for cancellation of surety bond No. 2163/09, claiming it was irregularly registered. The High Court refused the amendment, finding it was an attempt to introduce a new claim at pre-trial stage under guise of amendment.

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