Bouckaert v Duckworth and 5 Others (873 of 2022) [2022] ZWHHC 873 (16 November 2022)

Bouckaert v Duckworth and 5 Others (873 of 2022) [2022] ZWHHC 873 (16 November 2022)

The additional affidavit sought to be introduced by the respondents would materially alter the cause of action and prejudice the applicant. The controversy between the parties as pleaded was not cured by the AGM resolution. The matter should be decided as pleaded, and the application for leave to file the additional affidavit is refused.

Citation
[2022] ZWHHC 873
Parties
Applicant: Robin Bouckaert; Respondent: Gary Duckworth; Respondent: Wilfried Pabst; Respondent: Guy Withal; Respondent: Guy Stockil; Respondent: Save Valley Conservancy; Respondent: The Trustees for the Time Being of the Save Valley Conservancy Trust
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
16 November 2022
Case Number
873 of 2022
Procedural Posture
Opposed Application for Declaratory Relief (declaratur) and Interlocutory Application for Leave to File Additional Affidavit / Ruling on Interlocutory Application for Leave to File Additional Affidavit
Outcome
Application for leave to file an additional affidavit refused with costs.
Legal Topics
Admissibility of Additional Affidavits, Declaratory Relief, Corporate Governance, Trustee Removal, Res Judicata / Res Litigiosa
Source Language
English
Civil Procedure Company Law Trust Law Admissibility of Additional Affidavits Declaratory Relief Corporate Governance Trustee Removal Res Judicata / Res Litigiosa

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Parties

Robin Bouckaert

Applicant

Gary Duckworth

Respondent

Wilfried Pabst

Respondent

Guy Withal

Respondent

Guy Stockil

Respondent

Save Valley Conservancy

Respondent

The Trustees for the Time Being of the Save Valley Conservancy Trust

Respondent

Procedural Posture

Opposed Application for Declaratory Relief (declaratur) and Interlocutory Application for Leave to File Additional Affidavit / Ruling on Interlocutory Application for Leave to File Additional Affidavit

Legal Issues

  1. 1 Whether leave should be granted to respondents to file an additional affidavit after close of pleadings
  2. 2 Whether the additional affidavit would materially alter the cause of action (causa)
  3. 3 Whether the AGM resolution ratifying applicant's removal cures the controversy before the court

Ratio Decidendi

The additional affidavit sought to be introduced by the respondents would materially alter the cause of action and prejudice the applicant. The controversy between the parties as pleaded was not cured by the AGM resolution. The matter should be decided as pleaded, and the application for leave to file the additional affidavit is refused.

Court Disposition

Application for leave to file an additional affidavit refused with costs.

Orders

  • Application for leave to file an additional affidavit by the respondents is refused with costs.