Dohne Construction (Pvt) Ltd. v Unki Mines (Pvt) Ltd. (HC 2994 of 2015; HH 138 of 2016) [2016] ZWHHC 138 (17 February 2016)

Dohne Construction (Pvt) Ltd. v Unki Mines (Pvt) Ltd. (HC 2994 of 2015; HH 138 of 2016) [2016] ZWHHC 138 (17 February 2016)

The plaintiff's pleadings are vague and embarrassing as they fail to specify the amounts claimed and the percentage of interest, rendering the claim incapable of enforcement and not disclosing a cause of action. The exception is upheld, but the plaintiff is granted leave to amend its pleadings.

Source-derived case information.

Citation
[2016] ZWHHC 138
Parties
Plaintiff: Dohne Construction (Pvt) Ltd; Defendant: Unki Mines (Pvt) Ltd
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
17 February 2016
Case Number
HC 2994 of 2015 ; HH 138 of 2016
Procedural Posture
Civil / Ruling on Exception
Outcome
exception upheld
Legal Topics
Pleadings, Exceptions, Enforcement of Adjudicator's Decision, Vagueness and Embarrassment, Cause of Action
Source Language
english
Civil Procedure Contract Law Pleadings Exceptions Enforcement of Adjudicator's Decision Vagueness and Embarrassment Cause of Action

Source-derived case record

Summary, issues, holding and outcome

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Parties

Dohne Construction (Pvt) Ltd

Plaintiff

Unki Mines (Pvt) Ltd

Defendant

Procedural Posture

Civil / Ruling on Exception

Legal Issues

  1. 1 Whether the plaintiff's summons and declaration are vague and embarrassing and lack necessary averments to sustain an action
  2. 2 Whether the plaintiff's claim discloses a cause of action capable of enforcement

Ratio Decidendi

The plaintiff's pleadings are vague and embarrassing as they fail to specify the amounts claimed and the percentage of interest, rendering the claim incapable of enforcement and not disclosing a cause of action. The exception is upheld, but the plaintiff is granted leave to amend its pleadings.

Court Disposition

exception upheld

Orders

  • The exception is upheld.
  • The plaintiff is given ten days to amend its pleadings.