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KENMARK BUILDERS (PVT) LTD (in liquidation) v GIRDLESTONE & ANOR 2019 (1) ZLR 658 (H)

2019 (1) ZLR p658

Citation

2019 (1) ZLR 658 (H)

Case No

Judgment No. HH-243-19

Court

High Court, Harare

Judge

Dube J

Heard

1 February 2019

Judgment

27 March 2019

Counsel

D Tivadar, for the applicant
F Girach, for the first respondent

Case Type

Civil action

Annotations

Flynote

Practice and procedure – pleadings – amendment of – substitution of claim – application to substitute claim for damages for claim for specific performance – both claims arising out of same cause of action – when amendment will be granted

Prescription – extinctive – substitution of claim – effect – claim based on original cause of action not prescribed – amended claim for different relief based on original cause of action not time barred

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