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Harare High Court
Reverend Clifford Nunu Ndlovu v La Fontaine College and Oswell Madya
HH 330-22
Case Details
Court
Harare High Court
Date
26 May 2022
Citation
HH 330-22
Neutral Citation
[2022] ZWHH 330
Outcome
unknown
Case Type
Appeal
Bench
Presiding
TSANGA J
Full Bench
TSANGA JMAXWELL J
Areas of Law
Civil ProcedureCommercial Litigation
Keywords
summary judgmentspecial plealis pendensgenerator leaseprocedural compliance
Tags
summary judgmentspecial plealis pendensprocedural irregularity
legislation
Statutes Cited
- High Court Rules, 1971
- Rule 6(4) is triggered only if the plaintiff’s summary-judgment application is already on record when the special plea is filed.
- {'verbatim': None}
- Rule 6(3): “If no application by the plaintiff for summary judgment has been made, either party may, on seven days’ notice, set down such special plea for hearing before the trial.”
- Rule 6(4): “If an application by the plaintiff for summary judgment has been made, a special plea shall, if particulars thereof have been delivered before the hearing of such application, be heard and determined at the hearing of such application.”
- Rule 7(c): “failing such consent and such application, the party pleading specially … shall within a further period of 48 hours plead over to the merits … and the special plea … shall not be set down for hearing the trial.”
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a special plea filed before a summary judgment application can be heard with that application if not properly set down","issue_type":"procedural","dispositive":"yes","related_facts":"Special plea filed one month before summary judgment application; special plea not set down within prescribed time"}
- {"issue_text":"Whether the court below erred in finding the claims were lis pendens","issue_type":"procedural","dispositive":"no","related_facts":"Two cases involving same generator; different prayers in each case"}
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background
Facts of the Case
Background
The appellant claimed US$750 for the value of a generator leased to respondents. He applied for summary judgment after respondents filed a special plea of lis pendens. The court below upheld the special plea and dismissed the summary judgment application.
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