CHAURURA v GODWIN 2020 (1) ZLR 1256 (H)
Citation | 2020 (1) ZLR 1256 (H) |
Case No | Judgment No. HH-391-20 |
Court | High Court, Harare |
Judge | Muremba J & Manzunzu J |
Heard | 7 November 2019 |
Judgment | 11 June 2020 |
Counsel | K Rangarirai, for appellant |
Case Type | Civil appeal |
Annotations |
Flynote
Appeal – power of court on appeal – when appellate court can exercise review powers – issue not raised by parties but going to root of matter
Court – magistrates court – jurisdiction – civil – summons for amount exceeding court's monetary jurisdiction – summons void ab initio – not possible to amend summons to reduce amount claimed
Practice and procedure – summons – amendment of – summons issued out of magistrates court – plaintiff purporting to amend summons to bring amount claimed without jurisdiction of court – not permissible – summons void ab initio
This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.