Form and filing of summons: form of edictal citation. Dispute as to submission of things for examination. (3) A judgment or order given in proceedings under this rule shall be binding on all the persons as representing whom the plaintiffs sue or, as the case may be, the defendants are sued, but shall not be enforced against any person not a party to the proceedings, except with the leave of the court. (2) In the case of a garnishee order against the State for the attachment of salary or wages owed by the State to a judgment debtor, the court application shall be served upon the judgment debtor and the persons specified in paragraph (a) (b) or (c), as the case may be, of subrule (1) of rule 377. An address for service may be changed by the delivery of notice of a new address for service, and thereafter service may be effected in accordance with this Order at the new address. When a special plea, exception or application to strike out has been filed –. The publishers do not accept any liability whatsoever arising from any errors or omissions to any person acting or refraining from acting as a result of the information contained in this publication. Procedure where co-defendants are opposed in interest to each other, 445. (a) state the nature of the liability, property or claim which is the subject matter of the dispute; (b) call upon the claimants to deliver particulars of their claims in the form of a notice of opposition in terms of rule 223; and. Preparation of summons. “applicant” means a person who holds property or has incurred a liability in respect of which there are two or more claimants and who, in consequence of such claims, has served an interpleader notice on the claimants; “claimant” means a person who has made a claim in respect of any property held or liability incurred by an applicant, which claim is adverse to a claim made by another such claimant; “interpleader notice” means a notice referred to in rule 205A. Application under Witnesses Compulsory Attendance Act [Chapter 55] – taking evidence: letters of request – service of process. (1) Prior to the date stated in the summons for appearance to answer the plaintiff’s claim, the defendant may file a notice of opposition in form No. Judge may consult counsel in chambers before trial. (b) any other party applies orally for such an order at the pre-trial conference or makes a chamber application for such an order. (a) deposes to an affidavit filed in terms of paragraph (b) of subrule (1); or. The publishers assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up-to-date nature of the information provided in this publication and/or for any consequences of any actions taken on the basis of the information provided, legal or otherwise. 407. (2) When a deputy sheriff requires leave of absence for a longer period than two months, he shall submit to the sheriff for approval the name of a person willing to act for him during his absence, and when the nomination has been approved by the sheriff, either the deputy sheriff shall, together with his sureties, enter into a further bond, in Form No. (1) If on the pleadings the burden of proof is on the plaintiff, he shall first adduce his evidence, and if absolution from the instance is not then decreed, the defendant shall then adduce his evidence. The Attorney General may file with the registrar written submissions on the application within two days of the date of service on him. (3) Where an order or provisional order has been issued under rule 348A in regard to the sale of a dwelling as defined in that rule, the writ of execution may be withdrawn under subrule (1) at any time while the order or provisional order, as the case may be, remains in force. (2) All pleadings, process and documents filed of record by a party proceeding in forma pauperis shall be headed accordingly. (2) An order made under the said subsection shall be in Form No. Important advisory regarding summonses issued under the Criminal Procedure Act. (1) A party aggrieved by the decision of a taxing officer may apply to court within four weeks after the taxation to review such taxation. [R 348(2) subs by SI of 7; am by SI 80 of 0.]. (2) Where in any proceedings other than those mentioned in subrule (1) of this rule, an act of adultery is alleged in any document filed in such proceedings, and the name of the person with whom such adultery is alleged to have been committed is named in such document, the provisions of subrule (1) shall mutatis mutandis apply. 200. Judgment debtor: application to set aside registration or suspend execution on judgment, . (a) Take notice that if you fail to appear in Court on the trial date after a summons has been served on you, judgment may be obtained against you by the plaintiff unless you have previously admitted liability to the plaintiff. (5) Notwithstanding that a judgment or order to which such application relates is binding on the person against whom the application is made, that person may dispute liability to have the judgment or order enforced against him on the ground that by reason of facts and matters particular to his case he is entitled to be exempted from such liability. Distinct claims to be separately stated, 112. (a) in any matter another legal practitioner is employed, the reasonable fee consequent upon such employment: (a) may disallow the fee of another legal practitioner in unopposed matters and in matters in which a legal practitioner has not appeared on the other side, and in matters in which no award of costs has been made by the court; and. (3) Where the conflicting claims relate to immovable property the applicant shall place the title deeds thereof, if available to him, in the possession of the registrar when delivering the interpleader notice and shall at the same time hand to the registrar an undertaking to sign all documents necessary to effect transfer of such immovable property in accordance with any order which the court may make or any agreement of the claimants. Action for restitution of conjugal rights, . (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. (2) Where an application, exception or application to strike out has been set down for hearing in terms of subrule (2) of rule 223 and any respondent is to be represented at the hearing by a legal practitioner, the legal practitioner shall file with the registrar, in accordance with subrule (2a), heads of argument clearly outlining the submissions relied upon by him and setting out the authorities, if any, which he intends to cite, and immediately thereafter he shall deliver a copy of the heads of argument to every other party. (2) A person who tenders performance of an act in terms of subrule (1) shall execute and deliver to the registrar an irrevocable power of attorney authorizing its performance by the person who claims performance, unless the act is such that it can be performed only by the person making the tender. Preparation and submission of request for commission, 413. Declaration of persons to be associates, 8C. (2) If, after a sale by public auction has taken place the sheriff is not satisfied that the highest price offered is reasonable as provided by rule 356, the sheriff may sell the property by private treaty subject to the conditions of sale for such price, being greater than the highest offer made at the public auction, as he deems fair and reasonable. However, you need to keep a cool head and decide if and how to answer the petition. Procedure where co-defendants are opposed in interest to each other, . Nothing in the preceding rules shall affect the power of the court to deal summarily with a contempt of court committed in its presence without any written charge or notice to the offender. Notice of intention to bring claim to be attached to process, 43D. (1) Any ground of defence which has arisen after the issue of summons, but before the defendant has delivered his plea, may be raised by the defendant in his plea, either alone or together with other grounds of defence. Order of procedure where right or obligation to begin lies with defendant, . PROCEEDINGS BY OR AGAINST ASSOCIATIONS, ETC. Failure to pay or perform in accordance with offer or tender, 149. The appointment of a commissioner shall be by a commission to be issued under the seal of the High Court and shall be in Form No. Notice requiring medical examination, (1) A party requiring another party to submit to such examination shall deliver a notice specifying the nature of the examination required and –. UK summons Zim envoy over violence. Court may appoint person as commissioner to take affidavits outside Zimbabwe, 424. Appearance to Defend 14 . (1) Whenever a summons has been issued in Zimbabwe or Malawi directing any person to appear before a court of the State in which the summons was issued to answer a charge or complaint of having committed an offence in respect of which such court has jurisdiction, the summons may be served on that person in Zambia in such manner and by Publicity of Proceedings The provisions of rule 265 shall apply to both such applications and submissions, if any. Procedure where property taken in execution claimed by third party. (4) The court or a judge may for good cause shown order an application and a counter-application filed under subrule (1) to be heard separately. . Pleadings may be amended by written alterations in the copy which has been delivered and by additions on paper to be interleaved therewith if necessary, but where the amendments are so numerous or of such a nature that the making of them in writing would render the document difficult or inconvenient to read, copies of the pleadings as amended shall be filed. Register of judgments ordered to be registered, . to administer oath, . Matrimonial matter: suit may be heard in chambers, . (4) In taxing any costs under this rule, a taxing officer shall –, (a) allow disbursements made when they are reasonable, and reasonably incurred; and. (a) if the declaration has not been served with the summons the plaintiff wishing to obtain judgment shall file and deliver his declaration and either simultaneously or subsequently a notice in accordance with Form No. Where sheriff takes bond or obligation, 290. (3) Where movable property sought to be attached is the interest of the execution debtor in property pledged, leased or sold under a suspensive condition to or by a third person, the attachment shall be complete only when the sheriff or his deputy has served on the execution debtor and on the third person notice of the attachment with a copy of the warrant of execution. Limitations as to evidence at hearing of application, 68. No summons or other civil process of the court may be sued out against the President or against any of the judges of the High Court without the leave of the court granted on court application being made for that purpose. (c) that any question or issue relating to or connected with the said subject matter is substantially the same as some question or issue arising between the plaintiff and the defendant, and should properly be determined, not only as between the plaintiff and the defendant, but as between the plaintiff and the defendant and the third party, or between any or either of them. (2) In the case of refusal to admit any facts, the costs of proving them shall be paid by the party so refusing, whatever the result of the cause may be, unless the court considers that the refusal to admit was reasonable. Courses open to defendant at hearing of application, . When defendant entitled to immediate discharge from arrest, 285. and shall without delay notify the parties in writing of his decision. A drop in the water quality is now leading to the spread of several water-borne diseases such as cholera amongst the kids and the elderly of our society. Interest in partnership and partnership property, 344. When leave of court required for issue of process, 20. (4) Notice given by the registrar in terms of subrule (2) or (3) –, (a) shall be delivered by the registrar to each party’s legal practitioner; or. (c) that any question or issue relating to or connected with the said subject matter is substantially the same as some question or issue arising between the plaintiff and the defendant making the claim and should properly be determined, not only as between the plaintiff and the defendant making the claim, but as between the plaintiff and that defendant and another defendant or between any or either of them. Appointment of commissioner and his duties, . (3) Any such writ may be served in any of the manners provided for by rules 37 and 38: Provided that if satisfaction of the writ was not demanded from the execution debtor personally, the sheriff or his deputy shall give to the execution debtor written notice of the attachment and a copy of the inventory made by him, unless his whereabouts is unknown. Such consent, setting out that part of documents have been omitted, shall be signed by the parties or their attorneys and filed with the registrar at the time of the filing of the aforesaid copies. If the sheriff is satisfied that the highest price offered is reasonable, having regard to the circumstances of time and place and to the state of the property market and that the sale was properly conducted, he shall declare the highest bidder to be the purchaser, subject to confirmation as hereinafter prescribed. (4) Where in relation to any civil or commercial matter pending before a court or tribunal of a foreign country, a letter of request from such court or tribunal for service on any person in Zimbabwe of any process or citation in such matter is transmitted to the court by the Minister of Justice, with an intimation that it is desirable that effect should be given to the same, the following procedure shall be adopted –. (a) the estate of a person alleged to be prodigal or under any disability, mental or otherwise; or. Form and filing of summons: form of edictal citation, . the defendant may make a court application to join that person as a third party in the action. (2) Where a notice given in terms of subrule (1) –. (1) The party required to make discovery shall within 24 days or within the time stated in any order of a judge, make discovery of such documents on affidavit in accordance with Form No. Thereafter the plaintiff’s witnesses shall be called and may be examined, cross-examined and re-examined. (1) The party to whom notice of an application is given shall also, as far as is practicable, apply at the hearing of the application for any directions which he may desire in respect of the matters specified in rule . (2) Subject to rule 348A, upon receiving the documents referred to in subrule (1) the sheriff shall ascertain the particulars of all mortgages and other real rights registered against the immovable property concerned, as well as the particulars of any caveat lodged in respect of the property: Provided that the sheriff may require the party at whose instance the property was attached to ascertain those particulars and to report to him in writing therein. (1) The charges allowed by the sheriff to deputy sheriffs for the execution of the process of the court shall be according to the tariff of fees set out in the High Court (Fees and Charges) Rules, 4. (b) be supported by one or more affidavits setting out any facts relied on by the person who gives it. Court may order plaintiff’s claim and claim in reconvention to be tried separately, 125. Delivery to sheriff of documents relating to title, 350. Consent to judgment without appearance in court, 56. 4C. Tone: It is a legal document and therefore should follow a very formal tone. In the taxing of any party and party bill of costs, the court may authorize departures from the tariff for good cause. Sale of property subject to real right of third person, 346. (1) Where a defendant claims against another defendant –. A summons claiming provisional sentence shall state the amount and any interest due by virtue of the said liquid document or other such demand as by virtue of the said liquid document is legally claimable, and shall call upon the defendant to satisfy the plaintiff’s claim, or in default to appear before the court at the hour and on the day and at the place stated in the summons to show why he has not done so, and to acknowledge or deny the signature to the said liquid document or the validity of the said claim. (1) The clerk of the inferior court whose proceedings are being brought on review, or the tribunal, board or officer whose proceedings are being brought on review, shall, within 12 days of the date of service of the application for review, lodge with the registrar the original record, together with two typed copies, which copies shall be certified as true and correct copies. Consideration of application and submissions by presiding judge, 266. There shall be delivered together with the interpleader notice an affidavit stating that the applicant –. Notice of opposition and answering affidavits, . 54, 55 and 56 shall be used for such order or request. Further application for directions and costs, 158. Statements of witnesses taken for the purposes of the proceedings, communications between attorney and client, attorney and advocate, pleadings, affidavits and notices in the action shall be omitted from the schedules. (2) Upon a declaration being made in terms of subrule (1), the proceedings shall continue in the same manner, and the same consequences shall follow, as if the person who is the subject of the declaration had been named in the summons or notice commencing the proceedings: Subject to this Order, a person carrying on business in a name or style other than his own name may sue or be sued in that name or style as if it were the name of an association, and rules 8A and 8B shall apply, mutatis mutandis, to any such proceedings. THE Zimbabwe Stock Exchange (ZSE) on Tuesday summoned mobile network operator Econet Wireless Zimbabwe over contentious issues in its US$130 million rights offer after the country’s capital markets regulator, the Securities and Exchange Commission of Zimbabwe expressed concerns that the capital-raising initiative could result in the unfair treatment of local investors. Court Application for attachment of debt due to judgment debtor, . (a) making a court application to strike out any portion of a pleading on any grounds; or. This Order shall apply to the service of all process within Zimbabwe except to the extent that it is inconsistent with –, (a) any other provision of these rules relating to the service of any particular process; or. Writ against immovable property and mining claims: identification: form, . A district registrar shall, after issuing any summons or writ of arrest, forthwith transmit the original thereof to the registrar at Harare or Bulawayo, according to the place where appearance is required to be entered, for the purpose of record in his office. Front-line health workers, ports of entry officials and funeral parlour workers will be among the first to be vaccinated for Covid-19 when the doses arrive in the country on Monday as expected, ahead of the country’s largest ever vaccination programme. (5) In all cases in which publication is directed, it shall not be necessary to publish the document or documents in extenso but the publication of a short form thereof to be approved and signed by the registrar shall be deemed to be sufficient compliance with the direction of the court or judge. Order not to affect liability or non-liability of associates, 12. No technical objection shall be raised to any pleading on the ground of any alleged want of form. [R 240(1) am by SI’s 25 of 3 and 33 of 6.]. (c) specify the time within which the respondent shall file a notice of opposition if he opposes the relief sought. (5) Except where notice of taxation is unnecessary under this Order, the taxing officer shall not proceed to the taxation of any bill unless he is satisfied that the party liable to pay the same has been given due notice as to the time and place of such taxation and notice that he is entitled to be present thereat. Subject to this Order, Order 32 shall apply to an application under rule 75 and to any opposition thereto. Statement as to party, etc., required to answer, 194. Date: Mention the date of the event, the date of the day you filed your complaint along with the date within which you expect a reply from the defendant. [R 57 subs by SI of 1; am by SI 43 of 2.]. (d) any other matter which the parties consider to be necessary or desirable to ensure the expeditious and just resolution of the proceedings. (ii) to determine whether, at the time the application was instituted, the plaintiff was or should have been aware of the defence; (c) permit the plaintiff to supplement his affidavit with a further affidavit dealing with either or both of the following –, (i) any matter raised by the defendant which the plaintiff could not reasonably be expected to have dealt with in his first affidavit; or. A consent to judgment shall be in writing and be signed by the defendant personally or by a legal practitioner who has entered appearance on his behalf. If the question in dispute is one of law, and the parties are agreed upon the facts, the facts may be admitted and recorded at the trial and the court may give judgment without hearing any evidence. Where a party desires to make application for directions after the entry of appearance but before the close of pleadings, he or his legal practitioner may do so by entry in the chamber book stating the grounds on which he seeks leave, and the judge may grant or refuse leave or make such order thereupon as he deems just. Where the request for a commission is necessary, and an order for its issue has been granted, the party to whom it has been granted shall prepare and submit to the registrar the form of request for the signature of the Chief Justice or a judge. Preparation and submission of request for commission, . The presiding judge may in his discretion require oral argument on any particular point or points raised and he may hear any such argument in chambers or in court. (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. (6) An application under subrule (4) or (5a), and any proceedings for enrolment and hearing consequent upon the issue of a provisional order under subrule (4), shall be treated as urgent, and rule 244 and the proviso to subrule (2) of rule 247, as the case may be, shall apply accordingly. Discharge from arrest: where judgment given against defendant, . 1 HIGH COURT (CIVIL PROCEDURES) RULES, 2004 (CI 47) ARRANGEMENT OF RULES . (1) A party shall state all his special pleas and exceptions and make all his applications to strike out at one time: Provided that where an exception or special plea is taken or where application to strike out is made it shall not be necessary to plead to the merits of the case. Summons Forms - has thousands of free summons forms and attorney-prepared legal documents in the category . The first date of appearance is also listed in the Summons letter. If the sheriff or his deputy has a balance in hand after payment of the judgment creditor’s claim and costs he shall pay the same to the judgment debtor if he can be found; otherwise he shall pay such balance into the sheriff’s account to be held for one year and thereafter to be paid into the Guardian’s Fund if unclaimed. (4) In the case of the attachment of all other incorporeal property or incorporeal rights in property as aforesaid –, (a) the attachment shall only be complete when –, (i) notice of the attachment has been given in writing by the sheriff or his deputy to all interested parties and where the asset consists of incorporeal immovable property or an incorporeal right in immovable property, notice shall also have been given to the registrar of Deeds in whose deeds registry the property or right is registered; and. Procedure where bond or obligation given, 287. (1) Within the period prescribed in subrule (2), a person to whom an offer or tender has been made in terms of this Order may accept it by filing with the registrar a written notice signed by the person accepting the offer or tender or by his legal practitioner. (2) The sheriff shall, by publication in the Gazette, advertise the appointment and removal of every deputy sheriff, and the appointment of every acting deputy sheriff and the period of such acting appointment. (2) A copy of a chamber application in terms of subrule (1) shall be served on the Master, who shall make a written report to the judge. 13. Service of notice of registration on judgment debtor, . 42. A copy of the document on which the claim for provisional sentence is founded shall be served on the defendant with the summons. Summons for debt or liquidated demand: endorsement, . (2) The costs of any application subsequent to the original application may be ordered to be borne by the party applying if the judge is of the opinion that such application should have been made at the hearing of the original application. Barring: failure of plaintiff to file declaration, 114. Appointment and removal of deputy sheriffs, . (i) in Harare, on any Wednesday, by filing a notice of set down with the registrar not later than the Thursday preceding the Wednesday of set down; (ii) in Bulawayo, on any Friday, by filing a notice of set down with the registrar not later than the Tuesday preceding the Friday of set down. Service of written application on Attorney General: written submissions by, . The registrar at Harare and Bulawayo shall each keep an indexed book to be called the civil record book, in which the following particulars shall be recorded –. Defendant’s replication: claim in reconvention: rules, 129. (4) Every tenth line of each page of the copies of the record shall be numbered in the left hand margin. Defence or counterclaim. Address for service to be endorsed on summons. The firm keeps abreast with the practical divorce procedure in Zimbabwe and can answer questions on divorce and separation… +263 (242) 781439 8:00am - 4:45pm +2GMT Mon-Fri (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. (1) If a defendant against whom judgment in terms of this Order has been granted satisfies the same within one month thereafter or within such extended time, not being more than three months in all, as the court at the time of giving judgment may allow, he may within one month after so satisfying the judgment make a court application to set aside the judgment. 248. Such leave shall only be given on good and sufficient cause and upon such terms as to costs and otherwise as the court deems just. Declaration of persons to be associates, . (1) Where an order is made under rule 87, the summons by which the action in question was begun shall be amended accordingly and shall be endorsed with –, (a) a reference to the order in pursuance of which the amendment is made; and. Effect of non-disclosure of document, 165. (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. Download DOC Version (free) Download the entire collection for only $99. 25 and these documents shall be filed before trial. Contents of summons. (5) Upon the application of the Minister of Justice, the court or a judge may make all such orders for substituted service or otherwise as may be necessary to give effect to subrule (4). Costs occasioned by refusal or objection of witness, 419. Without delay notify the other hand, is a written notice which is required to answer the petition,. Answer to allegations in a replication is made 1 ; am by SI 43 of 2 ]! 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