Civil Procedures in Zimbabwe
1 ADVANCED CIVIL PROCEDURE (SUPERIOR COURTS) LL.B.(HONS) PART 3 (2010) SYLLABUS The Procedure of the High Court and Supreme Courts of Zimbabwe contained in: High Court of Zimbabwe Act, Chapter 7.06 (formerly No. 29/1981) High Court Rules, ZGN. No. 1047/71 and Supreme Court of Zimbabwe Act, Chapter 7.13 (formerly No. 28/1981) Supreme Court Rules, RGN. No. 380/1964 THE PROCEDURE OF THE HIGH COURT JURISDICTION (E.S.)
General principles Claims sounding in money Claims relating to property Matrimonial matters (E.S.) PARTIES Legal Capacity FORM OF PROCEEDINGS (E.S.) Action or Application PROCEEDINGS BY WAY OF ACTION Commencement of Proceedings Demand Summons: General Specially endorsed Divorce Declaration Service: General Substituted Outside jurisdiction Further Procedure when Action Uncontested Judgment by Consent Judgment in Default: Claim for debt or liquidated demand Other Claims Uncontested Divorce Order. (L.C.) Application for Rescission of Judgment. (L.C.) Further Procedure when Action Contested Appearance to Defend Plaintiff's Declaration (if not already filed) (E.S.)
2 Defendant's Plea: Plea on Merits Special Plea Defendant's Claim in Reconvention Plaintiff's Replication Subsequent Pleadings Closure of Pleadings Application for Directions Discovery Pre-trial Conference Set Down Trial Other Common Procedure arising during contested Actions Procedure for Barring Requests for Further Particulars Applications to Strike Out Exceptions (Payment into Court) Offers and Tenders in Settlement Application for Summary Judgment Application for Dismissal of Action Amendment of Pleadings PROCEEDINGS BY WAY OF APPLICATION (L.C.) On Notice or Ex Parte Court Application or Chamber Application Procedure for Court Applications [e.g Application for contribution towards costs and maintenance pendente lite] Procedure for Chamber Applications [e.g. Urgent interdict] Interdicts MISCELLANEOUS PROCEDURES (L.C.) Provisional Sentence Interpleader Arrest of Defendant In Forma Pauperis
General principles Claims sounding in money Claims relating to property Matrimonial matters (E.S.) PARTIES Legal Capacity FORM OF PROCEEDINGS (E.S.) Action or Application PROCEEDINGS BY WAY OF ACTION Commencement of Proceedings Demand Summons: General Specially endorsed Divorce Declaration Service: General Substituted Outside jurisdiction Further Procedure when Action Uncontested Judgment by Consent Judgment in Default: Claim for debt or liquidated demand Other Claims Uncontested Divorce Order. (L.C.) Application for Rescission of Judgment. (L.C.) Further Procedure when Action Contested Appearance to Defend Plaintiff's Declaration (if not already filed) (E.S.)
2 Defendant's Plea: Plea on Merits Special Plea Defendant's Claim in Reconvention Plaintiff's Replication Subsequent Pleadings Closure of Pleadings Application for Directions Discovery Pre-trial Conference Set Down Trial Other Common Procedure arising during contested Actions Procedure for Barring Requests for Further Particulars Applications to Strike Out Exceptions (Payment into Court) Offers and Tenders in Settlement Application for Summary Judgment Application for Dismissal of Action Amendment of Pleadings PROCEEDINGS BY WAY OF APPLICATION (L.C.) On Notice or Ex Parte Court Application or Chamber Application Procedure for Court Applications [e.g Application for contribution towards costs and maintenance pendente lite] Procedure for Chamber Applications [e.g. Urgent interdict] Interdicts MISCELLANEOUS PROCEDURES (L.C.) Provisional Sentence Interpleader Arrest of Defendant In Forma Pauperis