GLENDINNING v KADER 2016 (2) ZLR 468 (H)

Flynote

Practice and procedure: " pleadings " further particulars " application for c " purpose of further particulars " limits as to what may be requested

Headnote

The applicant (the defendant in the main action) made an application to compel delivery of further particulars in respect of the respondent's (plaintiff in the main action) declaration in the main action. The applicant had made an extremely lengthy and very detailed request for further particulars, to which the respondent had responded in part. The applicant, without asking the respondent to supply further and better particulars, made the court application to compel the delivery of the further particulars.

Held, that although it might well have been much more sensible and cost saving to have sought further and better particulars from the respondent before commencing the court application, there was no legal requirement to do so. The furnishing of further particulars is, inter alia, to define the issues with more precision, to enable a party to know the case or defence he has to meet. It is not the function of further particulars, inter alia, to enable a party to find out on what evidence his opponent intended to rely, or to go on fishing expedition on the other party's pleadings.

Held, further, that the respondent's claim in the declaration was set out with sufficient particularity to enable the applicant to plead to it and the application was accordingly dismissed.