RAFTSMAN INVESTMENTS (PVT) LTD v TEBB & ANOR 2020 (2) ZLR 879 (S)

2020 (2) ZLR p879

Flynote

Practice and procedure – affidavit – founding affidavit – what must be established by founding affidavit – founding affidavit defective – whether may be amended

Practice and procedure – pleadings – amendment – when allowed – defective founding affidavit – whether may be amended

The appellant issued summons against the respondents to set aside as invalid and irregular a surety mortgage bond, registered against its immovable property held under a deed of transfer. Pleadings were closed and the matter was ready for a pre-trial conference. Before a pre-trial conference was convened the appellant made an application to amend its summons and declaration. It sought to introduce a new additional prayer for the cancellation of another surety bond which it claimed was registered irregularly. The first respondent filed a counterclaim against the appellant for the payment of a loan, to which the appellant had stood as surety and co-principal debtor.