CHEDA
AJ: The applicant issued summons against the defendant claiming
removal of the defendant and all those claiming occupation through the
defendant, from subdivision 2 of Glenorchie Farm, Insiza District, Matabeleland
South Province.
At the hearing of the opposed application the court pointed out that while
applicant's claim was for subdivision 2 in the summons and the declarations the
affidavit referred to subdivision 1 of Glenorchie Farm, Insiza District,
Matabeleland South Province. Mr Ncube who was with Mrs Ngwenya
submitted that it was a typing error which could be amended by the court.
I considered that it was not proper for a court to amend the applicant's
affidavit, a founding affidavit which is within the concrete walls of an oath.
An application was then made for the matter to be postponed so that the
applicant could make an affidavit giving the number of the correct subdivision.
Mr Sibanda, for the respondent, had by then been barred for failure to
comply with the Rules, a bar to which he had conceded. He was therefore
unable to contest the application for a corrected affidavit to be made.
He had been advised by the applicant not to file any heads of argument in the
matter. The application for leave to file a corrected affidavit was
granted.
Since the matter was no longer opposed the applicant was granted leave to file
an affidavit giving the correct number of the subdivision. The correct
affidavit has now been filed.
On the merits, the court is satisfied that the respondent has no defence to the
applicant's claim.
Accordingly, the applicant is
granted leave to file his application on the unopposed roll for the order to be
granted.
Coghlan
& Welsh
applicant's legal practitioners
Messrs Webb, Low & Barry, respondent's legal practitioners
