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Practice and procedure — summary judgment — application for — supporting affidavit referring to lesser amount than that claimed in summons — D plaintiff not entitled to summary judgment.
In terms of Order 10 Rule 64 of the High Court of Zimbabwe Rules 1971, the plaintiff may, where the defendant has entered appearance to a summons for a debt or liquidated demand, apply for summary judgment for what is claimed in the summons, together with costs. In support of his application he must submit an affidavit which inter alia verifies the cause of action and the amount claimed. If the amount claimed in the application for summary judgment differs from that mentioned in the summons (even if it is a smaller amount), Rule 64 has not been complied with and the plaintiff is not entitled to summary judgment.
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