SAKUNDA ENERGY (PRIVATE) LIMITED                               

and

SAKUNDA LOGISTICS (PRIVATE) LLIMITED

and

KUDAKWASHE REGIMOND TAGWIREI

versus

MAYOR LOGISTICS (PRIVATE) LIMITED

and

JUSTICE MAYOR WADYAJENA

HIGH COURT OF ZIMBABWE

HUNGWE J

HARARE, 15 February 2018 & 25 April 2018

Opposed Application

W T Pasipanodya, for the applicants

DA Machingura, for the respondents

HUNGWE J:  In November 2017 the plaintiff (respondent in this application) instituted action against the defendant (the present applicant) claiming the payment of certain amounts of money due and payable in terms of a compromise agreement entered between the parties. The defendant has still not filed a plea. It has however filed two request for further particularity to the claim. This is an application to compel the furnishing of further particulars in terms of Order 21 Rule 141(b) of the High Court Rules, 1971. The last of such requests was filed on 29 November 2017 wherein the plaintiff insisted that the particulars requested were not necessary for the defendants to plead.

The defendants then filed the present application. The plaintiff opposes the application to compel.

In terms of the rules of court, particulars of a claim may be supplied on the principle that:

“A litigant is entitled to know the cause or defence he has to meet; not only to know whether he should admit or deny the particular allegation. He is entitled to be placed in the position of being able to decide whether to persist in his claim or defence.”