Harvey v Eyeluth Properties (HC 14348 of 2012) [2015] ZWHHC 249 (17 March 2015)

Harvey v Eyeluth Properties (HC 14348 of 2012) [2015] ZWHHC 249 (17 March 2015)

The court will only allow further submissions strictly limited to new legal issues raised for the first time in the respondent's replying submissions; all other matters are disallowed to uphold the principle of finality in litigation.

Citation
[2015] ZWHHC 249
Parties
Applicant: Roy Harvey; Respondent: Eyeluth Properties
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
17 March 2015
Case Number
HC 14348 of 2012
Procedural Posture
Chamber Application / Application for Leave to Submit Further Closing Submissions
Outcome
Partially allowed
Legal Topics
Further Submissions, Finality of Litigation, High Court Rules
Source Language
English
Civil Procedure Further Submissions Finality of Litigation High Court Rules

Case Brief

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Parties

Roy Harvey

Applicant

Eyeluth Properties

Respondent

Procedural Posture

Chamber Application / Application for Leave to Submit Further Closing Submissions

Legal Issues

  1. 1 Whether the applicant should be granted leave to file further closing submissions after the close of the defence case
  2. 2 Whether the further submissions are in response to new issues raised by the respondent

Ratio Decidendi

The court will only allow further submissions strictly limited to new legal issues raised for the first time in the respondent's replying submissions; all other matters are disallowed to uphold the principle of finality in litigation.

Court Disposition

Partially allowed

Orders

  • Applicant is allowed to file a response only on whether the cause of action is contractual or delictual; all other further submissions are disallowed.