A summons shall be prepared by the plaintiff or his attorney and shall be written or printed or partly printed and partly written on foolscap paper of good quality. (2) An offer or tender shall not be capable of acceptance more than 15 days after it was served on the person to whom it was made, unless –, (a) the person who made the offer or tender gives his written consent to its acceptance after that period; or. 164. the judge may order the postponement or suspension of the sale of the dwelling concerned or the eviction of its occupants, subject to such terms and conditions as he may specify. (b) requiring that other party to answer the interrogatories on affidavit within such period as may be specified in the order. (b) be supported by one or more affidavits setting out any facts relied on by the person who gives it. The plaintiff shall give security de restituendo in the following cases –. (3) Unless an applicant for the setting aside of a judgment in terms of this rule proves to the contrary, he shall be presumed to have had knowledge of the judgment within two days after the date thereof. (b) file a copy of the written statement with the registrar. Summons claiming provisional sentence, 21. Taxing officer may refer point to judge in chambers, . (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. In proceedings under this Order, the court may –. Contents and service of application and other documents, . . The applicant’s grounds for the application shall be stated and recorded as part of the record. The hours during which the office of the registrar at Harare and at Bulawayo shall be open for the transaction of business shall be between 8 a.m. and 1 p.m. and 2 p.m. and 4 p.m. on each business day. 34 to 41. These are all found under the Other Useful Links tab . (3) Subject to rule 223A, without the consent of the respondent, no application in which a notice of opposition and an opposing affidavit have been filed shall be set down for hearing less than eight business days after the notice of opposition and opposing affidavit were filed. (3) A respondent who has failed to file a notice of opposition and opposing affidavit in terms of subrule (1) shall be barred. Issue and form of subpoena: number of names which may be included, . When at the hearing of any civil case the services of an interpreter are necessary, the parties to the action shall by arrangement between themselves supply a properly qualified interpreter approved by the court or judge to interpret in the proceedings. (1) Where any person alleges he holds any property or is under any liability in respect of which he is or expects to be sued by two or more persons making adverse claims in respect of the property or liability, he may deliver to the claimants a notice and an affidavit setting out the matters referred to in rules 207 and 208 respectively. The Presiding Officer in the Administrative Court is called the President of the court. Courses open to defendant at hearing of application, 67. Court may permit personal appearance of person summoned, 28. The provisions of rules 10, 11, 14, 15, 16, 17, 18 and 19 shall be observed in a summons for provisional sentence. ], The court or a judge may, in relation to any particular case before it or him, as the case may be –. Matrimonial matter: judge may interview parties in chambers, . (4) Where a power of attorney has been delivered to the registrar in terms of subrule (2) of rule , the registrar, after satisfying himself that the requirements of this rule have been complied with, shall forthwith hand it over to the person accepting the tender concerned. On the ZimLII website you can read and download the following for free: The most current and complete digital collection of Zimbabwe caselaw and case summaries from the superior courts, A selection of Zimbabwean legislation as enacted. (b) in the case of any other magisterial province, in the office of the provincial magistrate for that province. These rules may be cited as the High Court Rules. (b) any order or direction which a court or judge may give in relation to the service of any particular process. (a) order that such oral evidence as the parties may desire to produce be heard forthwith or on such date as the court may fix; (b) order that the matter should stand over for trial as if the proceedings had been commenced by summons, in which event the court may give directions as to –, (i) dispensing with all pleadings or any particular pleading; or. (3) Application for leave of the court or of a judge shall be made by application in terms of Order 32 setting out concisely –. (3) Process shall be served in accordance with this rule by placing a copy of the process in an addressed envelope endorsed with the words –. (1) Any process, other than process referred to in subrule (1) of rule 39, may be served by registered post in accordance with this rule. (2) If and when the record is transcribed, the transcriber shall annex a certificate to the transcript indicating the extent of the accuracy of the record from which the transcript was made and of the transcript. (2) Every taxing officer in his taxation shall act in accordance with such instructions as may from time to time be given by the court for that purpose. (9) Merely formal documents shall be omitted, and no document shall be set forth more than once. This rule shall apply to substituted as well as other service. [R 223 subs by SI of 9; am by SI’s of 1 and 43 of 2.]. ... Zimbabwe Rule of Law Journal; The Zimbabwe Electronic Law Journal. If the defendant at any time after his arrest satisfies the claim contained in the writ, including the costs and charges of the writ and the costs of the arrest, or if he gives a bond or obligation in terms of rule 283 of this Order, he shall be entitled to immediate discharge from such arrest. (5) A receipt in such form as may be required by the registrar shall be given by the person removing any document. Special case affecting person under disability. (2) A notice in terms of subrule (1) shall set forth the date on which the application for the garnishee order is to be made and sufficient information to identify the judgment debtor, including –, (b) his employee code number or force number; and. (1) In an action for the restitution of conjugal rights the plaintiff may also claim a decree of divorce as well as other relief. (1) Where an answer to allegations in a replication is made it shall be called a Rejoinder. The sheriff or his deputy may upon exhibiting the original of such warrant of execution to the pledgee, lessor, lessee, purchaser or seller enter upon the premises where such property is and make an inventory and valuation of the said interest. If it appears that the state or condition of any thing of any nature whatsoever whether movable or immovable may be relevant with regard to the decision of any matter at issue in any action, a party thereto may at any stage thereof not later than 12 days before the hearing, give notice requiring the party relying upon the existence of such state or condition of such thing or having such thing in his possession or under his control to make it available for inspection or examination in terms of this rule, and may in such notice require him to submit the thing or a fair sample thereof for inspection or examination within a period of not more than six days from the date of the receipt of the notice. (a) are deemed to form part of the Senior Courts Act 2016 under section 147 of that Act; but. Where proceedings are instituted at the instance of the court mero motu the notice shall be issued by the registrar and no affidavit of the facts shall be necessary. (2) No judgment creditor lodging a writ of execution with the sheriff or his deputy, as the case may be, shall be entitled to share in or receive any part of the proceeds levied under any writ or writs of execution previously lodged unless such creditor has lodged his said writ by not later than the day immediately preceding the date of the sale in execution. 63, or such person shall provide security, to the satisfaction of the sheriff, for the due and faithful execution of his duties as acting deputy sheriff, and the sheriff shall thereupon appoint such person to act as a deputy sheriff during the absence of such deputy sheriff. Appointment and removal of deputy sheriffs, 452. (b) the person seeking to effect service of any process is unable, after diligent search at the residence, place of business or employment, address for service or office of the person to be served, to find that person or a responsible person referred to in paragraph (b), (d), (e) or (f) of subrule (2) of rule 39. it shall be sufficient service to leave a copy of the process in a letter-box at or affixed to or near the outer or principal door of, or in some other conspicuous position at, the residence, place of business or employment, address for service or office, as the case may be. When the property sold is situated in any magisterial province other than Harare, a copy of the plan of distribution shall also lie for a like period –, (a) in the case of the Bulawayo magisterial province, in the office of the registrar of the General Division, Bulawayo; and. (1) A copy of a court application and of every affidavit by which it is supported shall be served upon every respondent. 2. Instituting and defending proceedings, 397. Procedure where co-defendants are opposed in interest to each other, . Interrogatories where party is a body of persons, 193. By consent of parties exhibits having no bearing on the point at issue in the appeal or review and the immaterial portions of lengthy documents may be omitted. 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 should be set down for hearing at any time and additionally, or alternatively, may hear the matter at any time or place, and in such event rule 223 shall not apply or shall apply with such modifications as the court or judge may direct. Registrar may require security for damages, 280. (5) If an offer or tender accepted in terms of this rule is not –, (a) stated to be in settlement of both the claim and the costs of the person to whom the offer or tender is made; or. Criminal trial: application in writing filed with registrar, . (4) In the taxation of costs, where the circumstances warrant the same, the notice of taxation with a copy of the bill of costs may be transmitted to the party appearing in person by registered post. Annual statistics. A copy of the application shall be served on the Attorney General immediately after the application is filed with the registrar. Two or more orders: imprisonment to be cumulative in effect, 374. Where purchaser fails to carry out obligations under conditions of sale, 358. Alternatives to pleading to merits: forms, 138. In the taxing of any party and party bill of costs, the court may authorize departures from the tariff for good cause. Attachment of property subject to lien, 345. (3) In the taxation of costs between party and party nothing shall be allowed for any witness not examined unless upon proof that his evidence might reasonably have been believed to be material and necessary. (1) In the case of failure by the party to reply within 10 days when called upon to admit that any documents was properly executed or is what it purports to be, then as against such party the party giving the notice shall be entitled to produce the documents specified at the trial without proof other than proof that the documents are the documents referred to in the notice and that notice was duly given, if those facts are disputed. (2) If the person bringing or defending proceedings in terms of this Order is awarded costs against his opponent, his legal practitioner shall be subrogated to, and vested with, such person’s right to such costs, which shall include such fees and disbursements to which such person would ordinarily have been entitled and to the right to recover such costs; and, upon recovery thereof, his legal practitioner shall pay out therefrom such fees and charges as would ordinarily have been due to the registrar, and the legal practitioner, pro rata to the respective amounts thereof, if the sum recovered is insufficient to pay such fees and charges in full. , 194 can not be found, 42A: order of addresses,.. By filing a notice in accordance with offer or tender made without prejudice, judicial separation nullity! Or liquidated demand: endorsement, exhibit shall State the capacity in which he is employed, the. Of edictal citation, page of the judgment of the Senior Courts Act 2016 under 147! 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