respondent served with an application ought to be confident that the case made
out in the papers so served is the full case he/she is called to plead to. If the
applicant by inadvertence, error or lack of diligence fails to incorporate all
relevant evidence in his founding papers, it does not avail to him to seek to file
further ‘founding papers’ to augment those originally issued and served. He
stands or falls by his originally issued founding papers. If such a litigant could file
and serve his founding papers in batches or waves, the respondent would be
called upon, within a limited dies induciae, to continually re-evaluate the case
he/she is called to meet.
xviii.
The applicant, therefore, has done two things in violation of the peremptory
rules of court: he has failed to file a complete and therefore valid application
with the Registrar of the Constitutional Court and he has failed to effect valid
service of his application within the prescribed seven-day period. His application
is thus fatally and incurably defective. It ought to be struck off the roll.
MERITS
1. Ad Para 1.1.- 3.7
No issues arise save to state that my address for service and that of the 23rd and 25th
respondents is c/o Messrs Nyika, Kanengoni & Partners of 3 rd Floor, ZIMDEF House,
off Mother Patrick Road, Rotten Row, Harare.
2. Ad Para 3.8