MAVHEYA v MUTANGIRI & ORS 1997 (2) ZLR 462 (H)

1997 (2) ZLR p462

Flynote

Damages — claim — illiquid claim for general damages — quantification of claim — how to be pleaded and proven — proof of — when court will make estimate of damages in the absence of proper proof of loss

Legal practitioner — admission — right of audience based on basis of degree from local university — adequacy of such qualification — conduct and ethics — duty to client — duty to exercise professional competence and diligence

Practice and procedure — summons — contents — must contain general statement of fact and of relief such as discloses cause of action — claim for general damages arising out of motor vehicle accident — lack of specificity in summons or declaration — application for default judgment refused — stale summons — when summons becomes stale — approach of court to stale summons — motion roll — set-down of incomplete cases will not be tolerated