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Harare High Court
Raftsman Investments (Private) Limited v Robin Francis H. Tebb and Registrar of Deeds N.O
HH 533-18
Case Details
Court
Harare High Court
Date
19 September 2018
Citation
HH 533-18
Neutral Citation
[2018] ZWHH 533
Outcome
unknown
Case Type
Application
Bench
Presiding
Kwenda J
Full Bench
Kwenda J
Areas of Law
Civil ProcedureCommercial Law
Keywords
amendment of summonssurety bondmortgage bond cancellationabuse of process
Tags
amendment of pleadingssurety bondmortgage bondcivil procedure
legislation
Statutes Cited
- High Court Rules, 1971 (as amended)
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether applicant should be granted leave to amend summons and declaration to add new cause of action at pre-trial stage","issue_type":"procedural","dispositive":"yes","related_facts":"Application brought after pleadings closed; bond sought to be cancelled already extinguished"}
- {"issue_text":"Whether the proposed amendment introduces a substantially different cause of action","issue_type":"procedural","dispositive":"no","related_facts":"Two bonds relate to separate juridical acts with no connection established"}
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background
Facts of the Case
Background
The applicant sought to amend its 2016 summons and declaration in case HC 9631/16 to add a new prayer for cancellation of Surety Mortgage Bond No. 2163/2009, which had already been cancelled in 2011. The application was brought at pre-trial conference stage and sought to introduce a new cause of action separate from the original dispute concerning Surety Bond No. 4250/2011.
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