This trial is concerned with the identification of the correct house between two of the three houses that are eligible to ascend to the Nyajina Chieftainship of the vaZumba clan in the Uzumba Maramba Pfungwe district of Mashonaland East province of Zimbabwe.THE PLEADINGSOn 26 August 2005, the plaintiff issued summons ...
This trial is concerned with the identification of the correct house between two of the three houses that are eligible to ascend to the Nyajina Chieftainship of the vaZumba clan in the Uzumba Maramba Pfungwe district of Mashonaland East province of Zimbabwe.
THE PLEADINGS
On 26 August 2005, the plaintiff issued summons out of this court seeking an order setting aside the appointment of the first defendant as Chief Nyajina-designate; directing that the second and third defendants take into account and abide by the values, traditions, and customary principles of succession of the VaZumba people in selecting a chief and a declaratur that the next chief be selected from the Mukonde house.
The first defendant filed his plea on 28 October after the second and third defendants had filed their joint plea on 24 October 2005.
The pre-trial conference was held on 17 January 2006 and the parties filed a joint pretrial conference minute which referred two issues to trial.
I set down the matter for trial on 19 April 2006 for 22 May 2006.
In the meantime, on 2nd May 2006, the first defendant filed a court application, case number HC2427/2006, to amend his plea. It was opposed by the plaintiff on 17 May 2006.
The result was that the trial was postponed indefinitely pending the determination of the application.
The first defendant proceeded to file his answering affidavit on 24 May 2006 and his heads of argument on 3 November 2006. The plaintiff filed his heads on 23 November 2006.
I consolidated the opposed application and the trial and set both for 22 May 2007.
At the conclusion of the oral submissions on the interlocutory matter, I granted the amendment and indicated that my reasons for doing so would appear in this judgment.