Stanbic Bank Zimbabwe Ltd v Durand (HC 9116 of 2003) [2007] ZWHHC 54 (19 June 2007)

Stanbic Bank Zimbabwe Ltd v Durand (HC 9116 of 2003) [2007] ZWHHC 54 (19 June 2007)

The plaintiff's amended declaration fails to disclose a cause of action for fraud or negligence as it does not plead the necessary elements of fraudulent misrepresentation or breach of duty of care, nor does it set out particulars of fraud or negligence relating to the loss. The declaration is also vague and embarrassing.

Citation
[2007] ZWHHC 54
Parties
Plaintiff: Stanbic Bank Zimbabwe Limited; Defendant: John Allen Durand
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
19 June 2007
Case Number
HC 9116 of 2003
Procedural Posture
Exception / Ruling on Exception to Amended Declaration
Outcome
Exception upheld; plaintiff's claim dismissed with costs.
Legal Topics
Exception, Fraudulent Misrepresentation, Negligence, Duty of Care, Vague and Embarrassing Pleadings
Source Language
English
Civil Procedure Banking Law Delict Exception Fraudulent Misrepresentation Negligence Duty of Care Vague and Embarrassing Pleadings

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Parties

Stanbic Bank Zimbabwe Limited

Plaintiff

John Allen Durand

Defendant

Procedural Posture

Exception / Ruling on Exception to Amended Declaration

Legal Issues

  1. 1 Whether the plaintiff's amended declaration discloses a cause of action for fraud or negligence against the defendant
  2. 2 Whether the declaration is vague and embarrassing

Ratio Decidendi

The plaintiff's amended declaration fails to disclose a cause of action for fraud or negligence as it does not plead the necessary elements of fraudulent misrepresentation or breach of duty of care, nor does it set out particulars of fraud or negligence relating to the loss. The declaration is also vague and embarrassing.

Court Disposition

Exception upheld; plaintiff's claim dismissed with costs.

Orders

  • The exception is upheld.
  • The plaintiff’s claim is dismissed with costs.