ODENDAAL v INN ON THE RUPARARA 2006 (1) ZLR 1 (H)
Citation | 2006 (1) ZLR 1 (H) |
Case No | Judgment No. HH-14-06 |
Court | High Court, Harare |
Judge | Bhunu J |
Heard | 30 November 2005 |
Judgment | 3 January 2006 |
Counsel | P C Paul, for the plaintiff |
Case Type | Civil trial |
Annotations | No case annotations to date |
Flynote
Delict — animal — actio de pauperie — requirements for — defences available — normally docile horse reacting to external stimulus — not acting contra naturam sui generis — voluntary assumption of risk by plaintiff — such defence is also available to the defendant
Practice and procedure — parties — substitution of — application for the substitution of one defendant to an action for another unrelated defendant — such application not competent — plaintiff should seek the joinder of the defendant or withdraw the proceedings altogether and start afresh, citing the correct defendant
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