Order not to affect liability or non-liability of associates, . Court may set aside judgment given in default, . Where a party desires an extension of any of the time fixed by or in terms of this Order and the other party refuses to agree thereto, the party so desiring may make a chamber application for such extension and the judge may make such order on the application as he thinks just. (2) Such application shall be accompanied by a draft of the process or document proposed to be issued and shall set out concisely –. Registrar may release debtor from prison in certain circumstances, . The party serving the notice shall, within three days at the most after such service, endorse on the notice or a copy or duplicate thereof the day of the month and week of the service thereof, otherwise the judgment creditor shall not be at liberty to issue execution on the judgment; and every affidavit of service of such notice shall mention the day on which such endorsement was made. 26A, and a signed copy of the pre-trial conference minute made in terms of rule . (2) If, after a plea has been delivered, any ground of defence arises to any set off or claim in reconvention alleged therein by the defendant, it may be raised by the plaintiff in his replication or plea – claim in reconvention, either alone or together with any other ground of reply. (b) requiring that other party to answer the interrogatories on affidavit within such period as may be specified in the order. (5) A notice in terms of subrule (4) shall –, (a) set out grounds on which the person who gives it opposes the setting aside of the sale concerned; and. (1) Save as is provided in rule 45 or in any Act relating to the service of process on a reciprocal basis in any territory, no process or document whereby proceedings are instituted shall be served outside Zimbabwe without the leave of the court or a judge. (2) Every written application and notice of opposition shall –, (a) state the title of the matter and a description of the document concerned; and, (b) be signed by the applicant or respondent, as the case may be, or by his legal practitioner; and, (c) give an address for service which shall be within a radius of five kilometres from the registry in which the document is filed; and. If a person on whom interrogatories have been served answers any of them insufficiently, a judge on a chamber application being made to him for directions may make an order requiring him to make a further answer, and either by affidavit or on oral examination as the judge may direct. Interrogatories where party is a body of persons, 193. 157. Address for service to be endorsed on summons, 17. . Entry of appearance: defendant may still raise objection in law to action, . A party shall not in any pleading, except by way of amendment, raise any new ground of claim or contain any allegation of fact inconsistent with a previous pleading of his. We also appreciate constructive suggestions and welcome your feedback. (2) Where a rejoinder is necessary it shall be filed within 12 days of the service of the replication which it answers. ], . Return day of writ: claim admitted: judgment, . (1) If any property taken in execution is claimed by any third party as his property, the sheriff or his deputy shall, on receipt of the claim, forthwith give notice to the execution creditor. (2) At any stage of proceedings under this rule, the court may, on the application of the plaintiff, and on such terms, if any, as it thinks fit, appoint any one or more of the defendants or other persons as representing whom the defendants are sued, to represent all, or all except one or more, of those persons in the proceedings; and where, in the exercise of the power conferred by this rule, the court appoints a person not named as a defendant, it shall make an order under rule 87 adding that person as a defendant. The affidavit shall also, so far as the deponent can, give the full name, title, trade or business and usual or last known place of abode or business of the judgment creditor and judgment debtor respectively. Defendant may be permitted to go at large, . In cases where the plaintiff’s claim, not being a claim for provisional sentence, is for a debt or liquidated demand only, and the defendant has failed to enter appearance within the period prescribed in the summons for entering appearance, or, having entered appearance, has been duly barred for default of plea, the plaintiff may without notice to the defendant make a chamber application for judgment, and thereupon judgment may be granted or such order may be made as the judge considers the plaintiff is entitled to upon the summons or declaration. (1) No cause or matter shall be defeated by reason of the misjoinder or nonjoinder of any party and the court may in any cause or matter determine the issues or questions in dispute so far as they affect the rights and interests of the persons who are parties to the cause or matter. (2) Such notice shall state that such other party may have his own medical adviser present at such examination, and shall be accompanied by a remittance in respect of the reasonable expense to be incurred by such other party in attending such examination. 23 and admissions of facts shall be in Form No. Mode of service: judgment debtor: garnishee, . Plea: denial or defence not necessary as to damages claimed or amount, 118. No process of execution shall issue for the levying and raising of any costs awarded by the court to any party until they have been taxed by a taxing officer or agreed to in writing by the party concerned in a fixed sum: (i) it shall be competent to include in a writ of execution a claim in an unspecified amount for the costs of such writ and the execution thereof, subject to due taxation thereafter; (ii) if such costs shall not have been taxed and the original bill of costs, duly allocated, not lodged with the sheriff or his deputy before the day of any sale under such writ, such costs shall be excluded from the account and plan of distribution. . Rights of defendant when provisional sentence granted, . (6) Within 10 days after a copy of a notice has been served on him in terms of subrule (5), the person making the request may lodge with the sheriff a written reply and, if he does so, shall without delay serve a copy of his reply, together with any supporting documents, on the person opposing the request and on such other persons as the sheriff may direct. (5e) If, on the hearing of an application in terms of subrule (5a), the judge is satisfied –, (a) that the dwelling concerned is occupied by the execution debtor or his family and it is likely that he or they will suffer great hardship if the dwelling is sold or they are evicted from it, as the case may be; and, (i) the execution debtor has made a reasonable offer to settle the judgment debt; or, (ii) the occupants of the dwelling concerned require a reasonable period in which to find other accommodation; or. Costs of application for summary judgment. Provisions consequential on making of order under rule 87, . Certified transcript deemed to be accurate, . (2) Subject to subrules (3), (4) and (5) and to rule 238, exceptions, applications to strike out and other applications which are opposed shall be set down for hearing –. Where the sheriff or his deputy is in doubt as to the validity of an attachment or contemplated attachment he may require that the party suing out the process shall give him security to indemnify him. 407. Where co-defendants are opposed in interest to each other, permission may be given to each defendant or set of defendants to open and prove their cases separately as well as to cross-examine each other’s witnesses. Application under Witnesses Compulsory Attendance Act [Chapter 55] – taking evidence: letters of request – service of process, in open court: evidence on affidavit: evidence before a commissioner. (1) The respondent shall be entitled, within the time given in the court application in accordance with rule 232, to file a notice of opposition in Form No. Application under Witnesses Compulsory Attendance Act [Chapter 55] taking evidence: letters of request – service of process, EVIDENCE GENERALLY AND COMMISSIONS DE BENE ESSE, 408. Notification where answer is a joinder of issue, AMENDMENT OF PLEADINGS AND MATTERS ARISING PENDING ACTION, 132. Transmission of telegraphic or faxed copies of process, SERVICE OF PROCESS IN PROCEEDINGS AGAINST STATE, 43B. (5) Where by any law a certificate or other document is required to be attached to or filed with any application, it shall be sufficient to attach or file a photocopy or other facsimile of the certificate or document: Provided that, if required to do so by the court or a judge at the hearing, the party concerned shall produce the original certificate or document. 334. A registrar shall not accept and file any document or issue any summons, subpoena or other process or order of court unless the prescribed stamp fee has been attached and cancelled, except where a party has been granted leave to proceed in forma pauperis. (2) In all cases where a notice of taxation is necessary three days’ notice together with a copy of the bill of costs shall be given by the legal practitioner of the party whose costs are to be taxed to the other party or his legal practitioner. (g) give the party’s address for service. (3) The provisions of this rule shall not apply to actions for the restitution of conjugal rights, for divorce, for judicial separation or for nullity of marriage. 21 to produce at the hearing the original of such document, not being a privileged document, in such party’s possession. (2) A court application in terms of subrule (1) shall be supported by an affidavit made by the plaintiff or by any other person who can swear positively to the facts set out therein, verifying the cause of action and the amount claimed, if any, and stating that in his belief there is no bona fide defence to the action. 29 and shall be supported by one or more affidavits setting out the facts upon which the applicant relies: Provided that, where a court application is not to be served on any person, it shall be in Form No. Preparation and lodging of record and fees, 261. When giving judgment, the court shall take into consideration the provisions of this Order and anything done thereunder in making any order as to costs. Deposit with sheriff on account of costs, . If it appears to the court that there is in any cause or matter a question of law which it would be convenient to have decided before any evidence is given or any question or issue of fact is tried, the court may make an order accordingly, and may direct such question of law to be raised for the opinion of the court, either by special case or in such other manner as the court may deem expedient, and all such further proceedings as the decision of such question of law may render unnecessary may thereupon be stayed. No denial or defence shall be necessary as to damages claimed or their amount, but they shall be deemed to be put in issue in all cases unless expressly admitted. (b) a statement signed by the legal practitioner concerned that he is acting for that person gratuitously in the proceedings; the applicant shall be entitled to proceed in forma pauperis, and the registrar shall issue all documents in the proceedings for the person concerned without fee of office. Correction, variation and rescission of judgments and orders, . Magistrate a commissioner of court for examining witnesses, . Plaintiff’s replication: confession and avoidance, 127. Registrar may release debtor from prison in certain circumstances, 377. to administer oath, . the judge or the registrar, as the case may be, may issue a writ of arrest directing the defendant to be arrested and holden to bail to answer the plaintiff’s claim. Unless otherwise ordered by the court, the taxed costs and expenses of issuing and levying execution shall be a first charge on the proceeds of the property sold in execution and may, so far as such proceeds are insufficient, be recovered from the execution debtor as costs awarded by the court. (1) If, at the hearing of an application, exception or application to strike out, the applicant or excipient, as the case may be, is to be represented by a legal practitioner –, (a) before the matter is set down for hearing, the legal practitioner shall file with the registrar heads of argument clearly outlining the submissions he intends to rely on and setting out the authorities, if any, which he intends to cite; and. (2) Where in an application for a provisional order the judge is satisfied that the papers establish a prima facie case he shall grant a provisional order either in terms of the draft filed or as varied. (b) cancel the sale and make such order as he considers appropriate in the circumstances. ], 169. 202. (1) It shall not be necessary to transcribe any record, unless a judge or the registrar, acting under the authority of a judge, so directs. 11. A writ of execution against immovable property and mining claims shall state the situation and nature of the property or claims sought to be attached sufficiently to enable it to be identified, and shall be in Form No. They can be downloaded below. 158. Notice to admit facts or documents: forms and filing, (1) A party may by notice in writing at any time not later than 10 days before the day for which notice of trial has been given –. (1) The party applying for directions shall in his affidavit state the matters in respect of which he intends to ask for directions, and such matters shall, so far as is necessary and practicable, include generally the proceedings to be taken in the action and the costs of the application, and more particularly the following: pleadings, amendments of pleadings, particulars, special pleas and exceptions, admissions, removal of trial, the hearing of arguments on points of law, the hearing separately of one or more of the issues, discovery, inspection of documents, inspection of movable and immovable property, commissions, examination of witnesses, place and date of trial. (2) Rules 231 to 240 shall apply mutatis mutandis to the enrolment and hearing of a matter consequent upon the issue of a provisional order referred to in subrule (1): Provided that, where a legal practitioner has certified in writing that a matter is urgent, giving reasons for its urgency, the court or a judge may direct that the matter be set down for hearing at any time and additionally, or alternatively, may hear the matter at any time and place, and in such event the ordinary periods of notice to the registrar and any other party shall not apply to the matter. (1) The defendant in an action may set up by way of claim in reconvention any right or claim he may have against the plaintiff, and such claim in reconvention shall have the same effect as a cross-action, so as to enable the court to pronounce a final judgment in the same action both on the original claim and on the claim in reconvention. Every special case shall be typewritten or printed by the plaintiff and signed by the several parties or their counsel, and shall be filed by the plaintiff. The application shall be by court application to the taxing officer and to the opposite party, if such opposite party was present at the taxation or if the court decides that such opposite party should be represented. (2) Except as otherwise provided in this Order, no affidavit which has not been served with a court application shall be used in support of the application unless it is otherwise ordered by the court or a judge. 164. (1) The court or a judge may, in addition to any other power it or he may have, mero motu or upon the application of any party affected, correct, rescind, or vary any judgment or order –, (a) that was erroneously sought or erroneously granted in the absence of any party affected thereby; or, (b) in which there is an ambiguity or a patent error or omission, but only to the extent of such ambiguity, error or omission; or. Midlands State University Law Review Journal, University of Zimbabwe Student Law Review Journal, Case note on Zimbabwe Law Officers Association & Anor v National Prosecuting Authorities & Ors CCZ -1-19, Guilt by association: the over-extension of the doctrine of common purpose, Devolution demystified: Emerging debates and prospects for devolution in Zimbabwe A discussion paper, The State is not above the law: Enforcing a judgment against the State when it fails to comply with a judgement, The Role of the Criminal Law in the Protection of Women Against Gender-Based Violence: Case note on S v Jeri HH-516-17, Accessing information held by the State and State institutions Case note on Hitschmann v City of Mutare & Anor HH-211-16. Execution of writ for personal attachment, 375. 410. If the sheriff is unable to sell the property by private treaty at such price, it may again be offered for sale by public auction. (b) require the sheriff or his deputy to serve a copy of the summons on the defendant and to return a copy, with the return of service duly completed, to the registrar who issued it: Provided that, where it is necessary for service to be effected outside the jurisdiction, the summons shall be served in the manner provided in rule 44 or 45, as may be appropriate. Procedure where co-defendants are opposed in interest to each other, . Form No. On the expiry of the time limited by the notice, the party who has served the notice may bar the opposite party by filing a copy of the notice with the registrar. The examiner may put down any particular question or answer if there should appear any special reason for doing so, and may put any question to the witness as to the meaning of any answer, or as to any matter arising in the course of examination. The defendant’s answer to the plaintiff’s plea shall be called “the defendant’s replication – claim in reconvention” and the rules for a replication shall mutatis mutandis be observed in regard to it. Saving of power of court: contempt in facie curiae, 392. Attachment of property subject to a lien shall be effected mutatis mutandis in accordance with the provisions of subparagraph (b) of subrule (4) of rule 343. Posted on December 18, 2020. All documents filed with the registrar in any matter shall be confidential until the court has adjudicated thereon, save that such documents shall be open for the inspection of parties to the suit or matter. Extra costs occasioned by refusal or objection of witness before officer of court required for issue of subpoenas in circumstances! In person before issue of process in proceedings, 169 who are minors and to their curators litem. Action shall be commenced by a completed Form No of record and fees, 261 granted and defendant enters to... 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