Masango v Matambo & Anor (HC 754 of 2011; HH 139 of 2016) [2016] ZWHHC 139 (17 February 2016)

Masango v Matambo & Anor (HC 754 of 2011; HH 139 of 2016) [2016] ZWHHC 139 (17 February 2016)

The opposing affidavit was fatally defective as the deponent did not state his authority or relationship to the respondents, nor did he provide proof of authority. Without a valid opposing affidavit, there was no opposition before the court, and the application was treated as unopposed. The amendment to claim in United States dollars was granted as the Zimbabwean dollar is defunct and the claim must be enforceable.

Citation
[2016] ZWHHC 139
Parties
Applicant: Jairos Jozzy Masango; Respondent: Cephas Matambo; Respondent: Duly’s Motors a division of Duly Holdings Limited
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
17 February 2016
Case Number
HC 754 of 2011 ; HH 139 of 2016
Procedural Posture
Opposed Application / Application for Amendment
Outcome
Application granted
Legal Topics
Amendment of Pleadings, Authority to Depose Affidavits, Currency Conversion
Source Language
English
Civil Procedure Amendment of Pleadings Authority to Depose Affidavits Currency Conversion

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Parties

Jairos Jozzy Masango

Applicant

Cephas Matambo

Respondent

Duly’s Motors a division of Duly Holdings Limited

Respondent

Procedural Posture

Opposed Application / Application for Amendment

Legal Issues

  1. 1 Whether the applicant should be allowed to amend the summons and declaration to claim in United States dollars instead of Zimbabwean dollars
  2. 2 Whether the opposing affidavit filed by the respondents is fatally defective for lack of authority

Ratio Decidendi

The opposing affidavit was fatally defective as the deponent did not state his authority or relationship to the respondents, nor did he provide proof of authority. Without a valid opposing affidavit, there was no opposition before the court, and the application was treated as unopposed. The amendment to claim in United States dollars was granted as the Zimbabwean dollar is defunct and the claim must be enforceable.

Court Disposition

Application granted

Orders

  • The application to amend the summons and declaration is granted as prayed for in the draft order.