Revesai v Windmill (Pvt) Ltd. (HC 5873 of 2015; HH 163 of 2016) [2016] ZWHHC 163 (2 March 2016)

Revesai v Windmill (Pvt) Ltd. (HC 5873 of 2015; HH 163 of 2016) [2016] ZWHHC 163 (2 March 2016)

The applicant failed to provide a full, satisfactory, and reasonable explanation for the omission of facts in earlier affidavits, and did not support claims against previous legal practitioners with affidavits. No special or exceptional circumstances were shown to justify the filing of a supplementary affidavit.

Citation
[2016] ZWHHC 163
Parties
Applicant: Tichaona Revesai; Respondent: Windmill (Pvt) Limited
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
2 March 2016
Case Number
HC 5873 of 2015 ; HH 163 of 2016
Procedural Posture
Civil / Ruling on Application for Leave to File Supplementary Affidavit
Outcome
application dismissed
Legal Topics
Affidavit Filing, Spoliation, Court Discretion, Delay Explanation
Source Language
English
Civil Procedure Affidavit Filing Spoliation Court Discretion Delay Explanation

Case Brief

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Parties

Tichaona Revesai

Applicant

Windmill (Pvt) Limited

Respondent

Procedural Posture

Civil / Ruling on Application for Leave to File Supplementary Affidavit

Legal Issues

  1. 1 Whether leave should be granted to file a supplementary affidavit explaining delays in prosecuting a spoliation application

Ratio Decidendi

The applicant failed to provide a full, satisfactory, and reasonable explanation for the omission of facts in earlier affidavits, and did not support claims against previous legal practitioners with affidavits. No special or exceptional circumstances were shown to justify the filing of a supplementary affidavit.

Court Disposition

application dismissed

Orders

  • The application is dismissed.
  • Costs follow the event.