Playtime Manufacturing (Pvt) Ltd v Musanga (HH 187 of 2004) [2004] ZWHHC 187 (7 December 2004)

Playtime Manufacturing (Pvt) Ltd v Musanga (HH 187 of 2004) [2004] ZWHHC 187 (7 December 2004)

The application for default judgment was denied because the applicant failed to provide sufficient evidence, particularly a detailed and substantiated expert affidavit, to enable the court to assess the quantum of damages claimed.

Source-derived case information.

Citation
[2004] ZWHHC 187
Parties
Applicant: Playtime Manufacturing (Pvt) Ltd; Respondent: Tendayi Musanga
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
7 December 2004
Case Number
HH 187 of 2004
Procedural Posture
Civil / Application for Default Judgment
Outcome
absolution from the instance
Legal Topics
Default Judgment, Damages, Expert Evidence
Source Language
english
Civil Procedure Tort Default Judgment Damages Expert Evidence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Playtime Manufacturing (Pvt) Ltd

Applicant

Tendayi Musanga

Respondent

Procedural Posture

Civil / Application for Default Judgment

Legal Issues

  1. 1 Whether the applicant provided sufficient evidence to quantify damages in a default judgment application
  2. 2 Whether the expert affidavit was adequate to support the claimed quantum of damages

Ratio Decidendi

The application for default judgment was denied because the applicant failed to provide sufficient evidence, particularly a detailed and substantiated expert affidavit, to enable the court to assess the quantum of damages claimed.

Court Disposition

absolution from the instance

Orders

  • Absolution from the instance granted
  • No order as to costs