Rio Tinto Africa Pension Fund v Zituta & Ors (HC 3047 of 2014) [2015] ZWHHC 344 (26 March 2015)

1 HH 344-15 HC 3047/14 RIO TINTO AFRICA PENSION FUND versus EFFIE ZITUTA and JONNY SIPAMBENI ZITUTA and ALLEN MLAMBO IN THE HIGH COURT OF ZIMBABWE MATANDA-MOYO J HARARE, 27 March 2015 Pre-trial conference T Pasirayi, for the plaintiff A Marara, for the defendants MATANDA-MOYO J: On 30 September 2014 I had directed parties to file heads of argument in relation to the special plea as myself and the parties were of the view that once the special plea was dealt with the matter was capable of being resolved at PTC stage. I then had sight of r 138 of this court’s rules and realized that in terms of r 138 (a), (b) and (c) it is not permissible to refer the special plea for argument after the expiry of the dies induciae as provided for in that rule, and that paragraph (c) prohibits the setting down of the special plea for argument after the dies induciae before the trial. I have thus decided to exercise the powers granted to me in terms of r 449 to mero motu rescind my order. On 20 March instant I met with the parties in my chambers and the parties have consented thereto. Accordingly the order is rescinded and in its place the following order is made; The parties are directed to file a joint PTC memo as discussed by end of day 2 April 2015 and the matter shall be referred to trial on those issues. Gill, Godlonton & Gerrans, plaintiffs’ legal practitioners Mtangamira & Associates, defendants’ legal practitioners