______________________________________________________________________

FACULTY OF LAW

NAME : TATENDA

SURNAME : NYAPFUMBI

REG NUMBER : R1811668H

MODULE NAME :CLINICAL AND PRACTICAL SKILLS

MODULE CODE : LB505

LECTURER : Mr C. MASHOKO

YEAR : 2021

QUESTION 1: Upon the closure of pleadings in a High Court action for damages
for breach of contract instituted against your firm’s client, the senior partner in
your firm has handed to you the client’s file containing, among other documents:
(i) The summons;
(ii) Request for further particulars to the claim;
(iii) Notice to plead;
(iv) Further particulars to the defendant’s plea;
(v) The defendant’s counterclaim;
(vi) Letter of demand;
(vii) Written contract; and
(viii) Various correspondences.
You are required to prepare the index for the purpose of the pre-trial conference in the
matter.

IN THE HIGH COURT OF ZIMBABWE CASE NO.HC 332/21

HELD AT HARARE

In the matter between:

JOHN MUGANIWA DEFENDANT

AND

TATENDA MADZIRO DEFENDANT

______________________________________________________________
 CONSOLIDATED INDEX- PRE-TRIAL CONFERENCE
______________________________________________________________

ITEM DOCUMENTS ANNEXURE PAGE(S)

1 Plaintiff’s Summons and Declaration 1-8

2 Sheriff’s Return of Service 9

3 Notice of Appearance to Defend 10

4 Certificate of Service 11

5 Request for further particulars to the plaintiff’s claim 12

6 Certificate of Service 13

7 Plaintiff’s further particulars 14-15

8 Certificate of service 16

9 Notice to plead 17.

10 Certificate of service 18-19

11 Defendant’s plea and Counter claim 20-22

12 Certificate of Service 23

13 Request for further particulars to the Defendant’s

plea and Counter claim 24

14 Certificate of Service 25

15 Defendant’s further particulars 26-27

16 Certificate of Service 29

17 Plaintiff’s Replication 30-31

18 Certificate of Service 32

19 Notice to Discover 33
20 Certificate of service 34

21 Plaintiff’s Discovery Affidavit 35-36

22 Plaintiff’s Schedule of documents 37

23 Certificate of Service 38

24 Defendant’s Discovery Affidavit 39-40

25 Defendant’s Schedule of Document 41

26 Certificate of Service 42

27 Plaintiff and Defendant’s Joint Pre-trial

Conference Memorandum 43-44

28 Plaintiff’s Synopsis of Evidence 45

29 Certificate of Service 46

30 Defendant’s Synopsis of Evidence 47-48

31 Certificate of Service 49

32 Application for Pre-trial Conference 50

DATED AT HARARE THIS ……. DAY OF SEPTEMBER 2021

……………………………………
NYAPFUMBI AND PARTNERS
Plaintiff’s Legal Practitioners
Office 3 Mutape Building
18 Chamunorwa Street
HARARE (TN/2721/01)
TO: THE REGISTRAR
High Court of Zimbabwe
HARARE

AND

…………………………………………
TO: CHIDZIVO LAW CHAMBERS
Respondent’s Legal Practitioners
1st Floor, Mutapa House
HARARE (PC/SR)
QUESTION 2: Using details of your choice prepare the affidavit and schedule
disclosing the documents which your client intends to use at the trial in an action
for damages for bodily injuries. [15 Marks]

ANSWER:
IN THE HIGH COURT OF ZIMBABWE CASE NO.HC 326/21
HELD AT HARARE
In the matter between:

MELODY MAGAMA PLAINTIFF

AND

TATENDA CHIMUTI DEFENDANT

PLAINTIFF’S DISCOVERY AFFIDAVIT

I, MELODY MAGAMA,do hereby make oath and statethat:-

1.

I am the Plaintiff in this matter and it is in that capacity that I depose to this affidavit

2.

The facts to which l depose in this affidavit are true and correct to the best of my
knowledge and belief

3.
 I have in my possession or power the documents listed in Schedule ‘A’ annexed hereto
and l am willing to produce these documents

I confirm further that l have in my possession and under my control books and
documents listed in Schedule “B” annexed hereto. I object to the production of said
books and documents at trial on the basis that they constitute professional privilege
conferred by law on correspondence or instructions passing between attorney and
client.

There are no documents in my possession relating to the matter in question in this suit
which I have had but do not now have in this possession or power.

According to the best of my knowledge, information and belief, the plaintiff has not now
and never had it its possession, custody or power, or in the possession, custody of
power of any other persons or person on its behalf, any deed, account, book of account,
voucher, receipt, letter, memorandum, paper or writing, or any copy of or extract from
any such document, or any of them, other than and except the documents set forth in
the said First and Second Schedule hereto.

THUS SWORN AND DONE AT HARARE THIS …DAY OF SEPTEMBER 2021

BY ME: ……………………………………….

MELODY MAGAMA
BEFORE ME: ………………………………………..

COMMISSIONER OF OATHS

IN THE HIGH COURT OF ZIMBABWE CASE NO.HC 326/21

HELD AT HARARE
In the matter between:

MELODY MAGAMA PLAINTIFF

AND

TATENDA CHIMUTI DEFENDANT

PLAINTIFF’S DISCOVEERY SCHEDULE

FIRST SCEDULE

1. All pleadings in this matter.

2. Medical Report-Doctor Samson Nyikadzino
3. Medical Bill -Gweru Provincial Hospital
4. Cost of transport to and from hospital
5. Police report
Second Part

1. All correspondence between Plaintiff and his Legal Practitioners.

SECOND SCHEDULE
Nil

DATED AT HARARE THIS 3RD DAY OF SEPTEMBER 2021

……………………………………..
NYAPFUMBI AND PARTNERS
Plaintiff’s Legal Practitioners
Office 3 Mutape Building
18 Chamunorwa Street
HARARE (TN/2721/01)

TO: THE REGISTRAR

High Court of Zimbabwe
HARARE

AND

…………………………………………
TO: CHIDZIVO LAW CHAMBERS
Respondent’s Legal Practitioners
1st Floor, Mutapa House
HARARE (PC/SR)