Meikles Ltd. v ZSE & Anor (HC 1847 of 2015) [2016] ZWHHC 66 (13 January 2016)

Meikles Ltd. v ZSE & Anor (HC 1847 of 2015) [2016] ZWHHC 66 (13 January 2016)

The special plea in bar is upheld as against Chirume in his personal capacity because no facts were pleaded to show he acted outside his official capacity or with malice. The exception is dismissed because the plaintiff’s pleadings disclose a cause of action for both declaratory relief and damages, having pleaded the essential elements of a delictual claim and the existence of a legal right.

Citation
[2016] ZWHHC 66
Parties
Plaintiff: Meikles Limited; Defendant: Zimbabwe Stock Exchange; Defendant: Alban Chirume
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
13 January 2016
Case Number
HC 1847 of 2015
Procedural Posture
Civil / Ruling on Exception and Special Plea in Bar
Outcome
exception dismissed; special plea in bar upheld as to second defendant in personal capacity; no order as to costs
Legal Topics
Exception, Special Plea in Bar, Declaratory Relief, Damages, Natural Justice, Duty of Care
Source Language
English
Civil Procedure Administrative Law Delict Exception Special Plea in Bar Declaratory Relief Damages Natural Justice +1 more

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Parties

Meikles Limited

Plaintiff

Zimbabwe Stock Exchange

Defendant

Alban Chirume

Defendant

Procedural Posture

Civil / Ruling on Exception and Special Plea in Bar

Legal Issues

  1. 1 Whether the claim against Alban Chirume in his personal capacity is maintainable
  2. 2 Whether the plaintiff's pleadings disclose a cause of action against the defendants
  3. 3 Whether the plaintiff is entitled to a declaratory order and damages

Ratio Decidendi

The special plea in bar is upheld as against Chirume in his personal capacity because no facts were pleaded to show he acted outside his official capacity or with malice. The exception is dismissed because the plaintiff’s pleadings disclose a cause of action for both declaratory relief and damages, having pleaded the essential elements of a delictual claim and the existence of a legal right.

Court Disposition

exception dismissed; special plea in bar upheld as to second defendant in personal capacity; no order as to costs

Orders

  • The exception is dismissed.
  • The special plea in bar is upheld in respect of the second defendant in his personal capacity.