ZFC LTD v TAYLOR 1999 (1) ZLR 308 (H)

Flynote

Practice and procedure — default judgment — application for — including documents of evidence in application — impropriety of attaching such documents — reduction of outstanding amounts — duty to advise court of reduction — manner of so advising C court

Practice and procedure — process and pleadings — amendment of — how may be made after issue of summons

Practice and procedure — summons -stale — proper course

Headnote

It is improper to attach documents of evidence to chamber applications for default judgment. If the appropriate averments have been made in the summons and are unanswered, no evidence is required. The extra costs of adducing such unnecessary evidence is properly visited on the party or attorney responsible.

There is a practice prevalent, born out indolence and ignorance of the rules, whereby parties attempt to amend process or pleadings by the unilateral issue of a "notice of amendment". There are only two ways of making amendments to process or pleadings after summons has been issued: one is by consent of the parties; the other is by order of court. Where the amendment is by consent, the documents should be amended, either by written alterations (where the amendments are of single names, words or figures) or by interleaved pages or substituted documents. Failing consent, an application must be made for amendment. The application must be served on the opposing party, supported by an affidavit showing good cause, and accompanied by a draft order. Only if the order is granted can the process or pleading be considered to have been amended.