No. CIV4 – Summons Commencing Action Case No.

Issued by:

CLERK OF COURT
MAGISTRATES COURT OF THE MASVINGO PROVINCE
Held at MASVINGO

PLAINTIFF DAX MOYO

TO
DEFENDANT ANDREW MLAMBO
House No. 468,
Hillside,
Masvingo
____________________________________________________________________________________
_________

YOU ARE HEREBY SUMMONED that you do within (7) SEVEN days after the
service of these summons upon you, enter or cause to be entered with me and
also the Plaintiff’s Legal Practitioner at the address specified herein an
appearance (i.e. file a notice of intention to defend) to answer the claim of the
Plaintiff herein for US$2000-00 or equivalent exchange rate and costs,
particulars whereof are endorsed hereon/ attached hereto.

TAKE NOTICE THAT:

1. In default of your doing so you will be held admitted the said claim,
and the Plaintiff may proceed therein and judgment may be given
against you in your absence; but that, on payment of the said claim
and costs to me within the said time, judgment will not be given
against you; and that if, before the expiration of the said time you so
pay or lodge with me and the Plaintiff’s Legal Practitioner a consent to
judgment, you will save judgment charges.

2. If you allege any exception, defence or counter claim you must within
seven days after appearance deliver to me and to the Plaintiff’s Legal
Practitioner a statement in writing of the nature and grounds thereof.
PARTICULARS OF CLAIM

SEE PARTICULARS OF CLAIM ATTACHED HERETO

DATED AT MASVINGO ON THIS 13TH DAY OF OCTOBER 2022.

…………………………….. COST IF ACTION IS UNDEFENDED $

BANDA & MANDI LAW CHAMBERS Legal Practitioners summons charges ……………….

Plaintiff’s Legal Practitioners Court fees……………………………............................

Stand No. 6 Messenger of court…………………...........................

Hebert Chitepo Street, Legal Practitioners Judgment Charges....................

MASVINGO
IN THE MAGISTRATES COURT CASE NO. /2022
HELD AT MASVINGO
In the matter between

DAX MOYO PLAINTIFF

And

ANDREW MLAMBO DEFENDANT

PARTICULARS OF CLAIM

1. Plaintiff is Dax Moyo, a male adult. He resides at 78 Nyaradzo Street,

Majange, Masvingo. The plaintiff’s address for the purpose of service is
Stand No. 6, Hebert Chitepo Street, Masvingo.

2. Defendant is Mr Andrew Mlambo a male adult, whose further and better

particulars are unknown to the Plaintiff and whose address of service is
House No. 468,Hillside, Masvingo

3. On the 1st of April 2022 Plaintiff sold and delivered stationary items to the
Defendant valued at US$2000-00. Defendant was supposed to settle his
account on or before the 30th of April 2022.

4. Defendant is now in mora because Defendant has failed to pay the

money by the 30 of April 2022 which was the due date for the
th

settlement of the debt to the Defendant.

5. Therefore the plaintiff’s claim against the defendant is in the amount of

US$2000-00 or the alternative amount in Zimbabwean dollars at the
current rate of US$1 to the prevailing interbank rate being money for
goods supplied on credit to the Defendant.

WHEREFORE Plaintiff prays for judgment against defendant as follows

a) Payment of US$2000-00 or the alternative amount in Zimbabwean

dollars at the current rate of US$1 to the prevailing interbank rate at the
juncture of full payment
b) Costs of suit on the scale of legal practitioners and client.
 DATED AT MASVINGO THE 13th DAY OF OCTOBER 2022
________________________________
BANDA & MANDI LAW CHAMBERS

Plaintiff’s Legal Practitioners

Stand No. 6

Hebert Chitepo Street,

Masvingo
TO: The Clerk of Court
Magistrates Court Civil
MASVINGO

AND
TO: ANDREW MLAMBO
Defendant
House No. 468,
Hillside,
MASVINGO