ONE THOUSAND CONSTRUCTION (PRIVATE) LIMITED v DM HOUSING DEVELOPMENT SYNDICATE (PRIVATE) LIMITED (115 of 2024) [2024] ZWHHC 115 (18 March 2024)

ONE THOUSAND CONSTRUCTION (PRIVATE) LIMITED v DM HOUSING DEVELOPMENT SYNDICATE (PRIVATE) LIMITED (115 of 2024) [2024] ZWHHC 115 (18 March 2024)

The founding affidavit was not dated, rendering it fatally defective. The absence of a date on the affidavit means the oath's administration cannot be verified, which is a mandatory requirement. The application cannot proceed on a defective affidavit.

Citation
[2024] ZWHHC 115
Parties
Applicant: One Thousand Construction (Private) Limited; Respondent: DM Housing Development Syndicate (Private) Limited
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
18 March 2024
Case Number
115 of 2024
Procedural Posture
Court Application / Ruling on Preliminary Objection (point in Limine)
Outcome
application struck off the roll
Legal Topics
Affidavit Requirements, Dismissal for Want of Prosecution, Execution of Judgment, Service of Summons
Source Language
English
Civil Procedure Affidavit Requirements Dismissal for Want of Prosecution Execution of Judgment Service of Summons

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Parties

One Thousand Construction (Private) Limited

Applicant

DM Housing Development Syndicate (Private) Limited

Respondent

Procedural Posture

Court Application / Ruling on Preliminary Objection (point in Limine)

Legal Issues

  1. 1 Whether the founding affidavit is fatally defective for lack of a date
  2. 2 Whether the application should be dismissed for want of prosecution
  3. 3 Whether execution should proceed on attached property

Ratio Decidendi

The founding affidavit was not dated, rendering it fatally defective. The absence of a date on the affidavit means the oath's administration cannot be verified, which is a mandatory requirement. The application cannot proceed on a defective affidavit.

Court Disposition

application struck off the roll

Orders

  • The point in limine raised by the respondent is upheld.
  • The application is struck off the roll.