Madake v Makonza and Another (890 of 2022) [2022] ZWHHC 890 (21 December 2022)

Madake v Makonza and Another (890 of 2022) [2022] ZWHHC 890 (21 December 2022)

The summons and declaration failed to specify the actual defamatory words allegedly uttered and did not clearly state the role of the first defendant, rendering the pleadings vague and embarrassing and failing to disclose a valid cause of action. The exception was properly taken and must be upheld. The defects can...

Source-derived case information.

Citation
[2022] ZWHHC 890
Parties
Plaintiff: Florence Madake; Defendant: Pamela Makonza; Defendant: Darlington Nyabinde
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
21 December 2022
Case Number
890 of 2022
Procedural Posture
Civil / Ruling on Exception
Outcome
exception upheld
Legal Topics
Exception, Defamation, Pleadings, Amendment of Pleadings
Source Language
english
Civil Procedure Exception Defamation Pleadings Amendment of Pleadings

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Summary, issues, holding and outcome

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Parties

Florence Madake

Plaintiff

Pamela Makonza

Defendant

Darlington Nyabinde

Defendant

Procedural Posture

Civil / Ruling on Exception

Legal Issues

  1. 1 Whether the plaintiff's summons and declaration disclose a valid cause of action for defamation
  2. 2 Whether the pleadings are vague and embarrassing
  3. 3 Whether the exception was properly filed in terms of the High Court Rules

Ratio Decidendi

The summons and declaration failed to specify the actual defamatory words allegedly uttered and did not clearly state the role of the first defendant, rendering the pleadings vague and embarrassing and failing to disclose a valid cause of action. The exception was properly taken and must be upheld. The defects can only be cured by amendment of the pleadings.

Court Disposition

exception upheld

Orders

  • The exception is upheld.
  • The plaintiff is directed to amend the summons and declaration within seven days from the date of judgment.