STREAMSPACE INCORPORATED (PVT) LTD Versus HAYES CONSTRUCTION (PVT) LTD And Others (53 of 2025) [2025] ZWHHC 53 (5 February 2025)

STREAMSPACE INCORPORATED (PVT) LTD Versus HAYES CONSTRUCTION (PVT) LTD And Others (53 of 2025) [2025] ZWHHC 53 (5 February 2025)

The opposing affidavit by first respondent was invalid as it was attested by a commissioner of oaths with an interest, rendering the opposition defective. The court was not functus officio as the prior order was interlocutory. The point of law was properly raised and the first respondent's defence is struck out; the matter proceeds against the remaining parties.

Citation
[2025] ZWHHC 53
Parties
Applicant: Streamspace Incorporated (Pvt) Ltd; First Respondent: Hayes Construction (Pvt) Ltd; Second Respondent: Linkgate Investments Pvt Ltd; Third Respondent: Grace Mugabe Foundation Trust; Fourth Respondent: Mazowe Rural District Council; Fifth Respondent: Provincial Town Planning Officer Mashonaland Central Province; Sixth Respondent: Ministry of Local Government Public Works and National Housing; Seventh Respondent: Minister of Lands, Agriculture, Fisheries, Water and Rural Development
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
5 February 2025
Case Number
53 of 2025
Procedural Posture
Interlocutory Application on a Point of Law / Ruling on Point of Law After Case Management Conference
Outcome
First respondent's defence struck out; matter to proceed against remaining parties; costs to first respondent.
Legal Topics
Affidavit Validity, Commissioner of Oaths, Functus Officio, Case Management, Conversion of Motion to Trial
Source Language
English
Civil Procedure Commercial Law Affidavit Validity Commissioner of Oaths Functus Officio Case Management Conversion of Motion to Trial

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Parties

Streamspace Incorporated (Pvt) Ltd

Applicant

Hayes Construction (Pvt) Ltd

First Respondent

Linkgate Investments Pvt Ltd

Second Respondent

Grace Mugabe Foundation Trust

Third Respondent

Mazowe Rural District Council

Fourth Respondent

Provincial Town Planning Officer Mashonaland Central Province

Fifth Respondent

Ministry of Local Government Public Works and National Housing

Sixth Respondent

Minister of Lands, Agriculture, Fisheries, Water and Rural Development

Seventh Respondent

Procedural Posture

Interlocutory Application on a Point of Law / Ruling on Point of Law After Case Management Conference

Legal Issues

  1. 1 Whether an opposing affidavit commissioned by a legal practitioner with an interest is valid
  2. 2 Whether the court is functus officio after a conversion order
  3. 3 Proper procedure for raising a point of law during case management

Ratio Decidendi

The opposing affidavit by first respondent was invalid as it was attested by a commissioner of oaths with an interest, rendering the opposition defective. The court was not functus officio as the prior order was interlocutory. The point of law was properly raised and the first respondent's defence is struck out; the matter proceeds against the remaining parties.

Court Disposition

First respondent's defence struck out; matter to proceed against remaining parties; costs to first respondent.

Orders

  • The point of law raised by applicant is upheld.
  • First respondent's defence (notice of opposition) is struck out.