As at 4 April 2025

Statutory Instrument 202 of 2021.

[CAP. 7:06
High Court Rules, 2021

S.I. 202 of 2021

ARRANGEMENT OF RULES
Rule
PART I
GENERAL PROVISIONS
1. Title.
2. Interpretation.
3. Sitting of court, vacations, and office hours.
4. Registrar’s office hours.
5. Forms.
6. Reckoning of time.
7. Departure from rules.
8. Certain proceedings are to be by way of application.
9. Representation of parties.
10. Friend of court.

PART II
ISSUING AND SERVICE OF PROCESS
11. Proceedings by or against firms and associations.
12. Summons.
13. Declaration.
14. Provisional sentence.
15. Service of process.
16. Service of process in proceedings against the State.
17. Edictal citation.
18. Service of summons or application in the Republic of South Africa, Namibia, Lesotho,
Swaziland or Botswana.
19. Substituted service.
20. Appearance to defend.
 PART III
JUDGMENT
21. Judgment by consent,
22. Judgment in default – claim for debt or liquidated demand only.
23. Judgement in default – claim other than for debt or liquidated demand.
24. Party in default at trial.
25. When court may enter judgment without hearing evidence.
26. Dismissal of action where a plaintiff is barred.
27. Court may set aside judgment given in default.
28. Setting aside of default judgment by consent.
29. Correction, variation and rescission of judgments and orders.
30. Summary judgment.

PART IV
INTERLOCUTORY APPLICATIONS AND ANCILLARY MATTERS
31. Application for dismissal of action.
32. Joinder of parties and causes of action.
33. Joinder where validity of law is challenged.
34.Consolidation of matters.
35. Third-party procedure.

PART V
PLEADINGS GENERALLY
36. Form and contents of pleadings.
37. Plea.
38. Claim in reconvention.
39. Procedure for barring.
40. Replication and plea in reconvention.
41. Amendment of pleadings and matters arising pending action.
42. Exceptions, special pleas, applications to strike out and applications for particulars.
43. Irregular pleadings.
44. Close of pleadings.

PART VI
MISCELLANEOUS ISSUES BEFORE TRIAL
45. Offers and tenders in settlement.
46. Application for directions.
47. Discovery, inspection, and production of documents.
48. Inspection, examination, and expert testimony.
49. Curtailment of proceedings: pre-trial conference.
50. Admissions.
51. Interrogatories.
52. Special cases.
53. Procuring evidence for trial.

PART VII
Setting Down of Civil Trial and Civil Trials
54. Set down of defended trial cases.
55. Records.
56. Civil trial proceedings.

PART VIII
APPLICATION PROCEDURE
57. Nature of applications – preliminary.
58. General provisions for all applications.
59. Court application.
60. Chamber application.
61. Deceased estates, persons under a disability, minors etc.
62. Reviews.
63. Interpleader.

PART IX
SETTING DOWN, ADJOURNMENTS AND POSTPONEMENT OF MATTERS
64. Setting down of matters on notice.
65. Setting down of opposed matters.
66. Adjournments and postponements.

PART X
MATRIMONIAL CAUSES
67. Miscellaneous matters.
68. Divorce, judicial separation, or nullity of marriage.

PART XI
EXECUTION OF JUDGMENTS
69. Writ of Execution – General
70. Execution against movable property.
71. Execution against immovable property.
72. Taxation of costs and review of taxation.
73. Imprisonment for debt.
74. Attachment of debts.

PART XII
GENERAL: CIVIL PROCEDURE
75. Security of costs.
76. Arrest of defendant.
77. Reciprocal enforcement of judgments – application for registration.
78. Duties of registrars and deputy registrars.
79. Contempt of court.
80. In forma pauperis proceedings.
81. Evidence and service of process on behalf of a foreign court.
82. Sheriff.
83. Interpreters.
84. Lapsing of summons.
84A Abandoned and inactive matters.

PART XIII
AUTHENTICATION
85. Authentication of documents executed outside Zimbabwe for use within Zimbabwe.
86. Case management.

PART XIV
CRIMINAL PROCEDURE
87. Indictment.
88. Records.
89. General issues of criminal procedure.
90. Application for bail.

PART XV
BAIL
91. Appeals against refusal of bail or conditions of recognisance.
92. Appeals by Prosecutor-General against grant of bail.
93. Urgency of bail applications and appeals.

PART XVI
 APPEALS, CONSTITUTIONAL APPLICATIONS AND REFERRALS
94. Applications for leave to appeal to the Supreme Court.
95. Miscellaneous appeals and reviews.
96. Criminal appeals from the Magistrates’ Court.
97. Appeals by Prosecutor-General upon power of law.
98. Appeals by Prosecutor-General against sentence where leave to appeal is not required.
99. Appeals by Prosecutor-General against sentence where leave to appeal is required.
100. Appeal against conviction and sentence by a convicted person who is legally
represented.
101. Appeal against conviction or conviction and sentence by a convicted person in person.
102. Appeal against sentence by a convicted person who is legally represented.
103. Appeal against sentence by a convicted person in person.
104. Procedure where certificate to prosecute appeal in person is refused.
105. Procedure where represented appellant applies for a certificate to prosecute appeal in
person.
106. Lapsing of the right of appeal and application to appeal out of time.
106A Abandonment of matters
107. Constitutional applications.
108. Referral to the Constitutional Court.
109. Repeals and savings.
FIRST SCHEDULE: Forms.
SECOND SCHEDULE: Repealed rules.
THIRD SCHEDULE

IT is hereby notified that the Minister of Justice, Legal and Parliamentary Affairs, in terms
of section 56 of the High Court Act [Chapter 7:06], has approved the following rules of
court made by the Chief Justice and the Judge President

PART I
GENERAL PROVISIONS
Title
1. These rules may be cited as the High Court Rules, 2025

Interpretation
2. In these rules and attached forms, unless the context otherwise indicates:—
“Act” means the High Court Act [Chapter 7:06]; “action” means a proceeding commenced by
summons;
“address or address for service” means the physical address or electronic address or
where that is the only known address, the postal address;
“chamber application” means an application to a judge other than a judge sitting in open court;

“copy”, in relation to a document, means one or more facsimiles of an original document

unless that document is filed or served electronically;
“court” means the High Court and any other court which in terms of the law relies on these rules;
“court application” means an application to the court in terms of these rules;
“court day” means any day other than a Saturday, Sunday or Public Holiday, and only court days
shall be included in the computation of any time expressed in days specified by these rules or
fixed by any order of the court;

“date of filing” means the date on which any pleading envisaged by these rules is lodged
with and accepted by the Registrar;
“deliver or serve” means to either physically or electronically file a pleading or record
with the Registrar and immediately thereafter, serve a copy on the other party by physical
means or electronically;
“dwelling” means a building or part of a building, including a flat, designed as a dwelling for a
single family and includes the usual appurtenances and outbuildings associated with such a
building;

“e-filing centre” means a designated court station or office in any district at which
gadgets, internet and technical expert assistance are provided at no cost to access the
IECMS platform, electronically file a document(s) and participate in a virtual hearing;

“filing” includes electronic filing;

“form” means any form specified in the First Schedule; “friend of the court” means a person who
is not a party to a matter but has an interest in it and is allowed by a court or judge to make
representations in the matter as provided for in Rule 10;

“hearing” means court proceedings conducted in person, and includes court proceedings
conducted by audio-visual means in which the court or Judge, court staff, legal
practitioners, litigants, members of the public and the media participate or follow as the
case may be, simultaneously through a court-generated link;

“judge” means a judge of a court sitting otherwise than in open court;

“IECMS account” means a litigant’s Integrated Electronic Case Management account
that is accessed through the internet and which enables him or her to access the IECMS
platform;
“IECMS platform” means the web-based Integrated Electronic Case Management
System operated by the court;
“legal practitioner” means a legal practitioner registered in terms of the Legal Practitioners Act
[Chapter 27:07];

“litigant” means a party to proceedings before the court or a judge;

“master” means the Master, and Additional Master and an Assistant Master of the court;
“registrar” means the Registrar of the High Court or any deputy or assistant registrar;
“secretary”, in relation to rule 71, means the Secretary for the Ministry responsible for the
administration of the Housing and Building Act [Chapter 22:07];
“sheriff” means the Sheriff for Zimbabwe and includes any deputy or additional or assistant
sheriff.
“sign” means sign a document or process manually or electronically;”
Sittings of court, vacations and office hours
3. (1) Notice of the terms and sessions of the court prescribed by the Chief Justice in terms of
section 47 of the Act shall be published in the Government Gazette, and a copy thereof
shall be affixed to the public notice at the office of the registrar.
(2) If the day prescribed for the commencement of a civil term, criminal session, or circuit
sitting or for the hearing of matters by a court or a judge, whether in term or in vacation,
andthat day is not a court day, the term, session or circuit sitting shall commence on the next
succeeding court day and, if the day prescribed for the end of a term, session or circuit sitting
is not a court day, the term, session or circuit sitting shall end on the court day preceding.
(3) The periods between the said terms shall be vacations, during which, subject to the
provisions of subrule (4), the ordinary business of the court shall be suspended, but at least
one judge or such other number of judges shall be available on such days to perform such
duties as the Judge President may direct.
(4) During vacations such judges shall sit on such days for the discharge of such urgent
business as the Judge President may direct.
(5) If it appears convenient to the presiding judge, the court or a judge, as the case may be,
may sit at any place or at a time other than a time specified in terms of these rules and may sit
at any time during vacation.
(6) Where the time limited by any rule for the doing of anything in the office of the registrar,
for example entering an appearance or the filing of any document, expires or falls upon a
Saturday, the time so limited shall extend to and the thing may be done on the next
 succeeding court day.

Registrar’s office hours

4. (1)The office of the Registrar shall be open from 0830 to 1300 hours and from 1400
to 1600 hours every day which is not a Saturday, Sunday or public holiday.

(2) The Registrar may, in exceptional circumstances, accept a document at a time

outside office hours, and shall do so when directed by a Judge or the Chief Registrar
in writing.
(3) ) Litigants may electronically file documents at any time of the day, but—
(a) process will only be accepted, that is to say, issued out of the office of the
Registrar, during office hours;
(b) process will not be accepted if the filing is non-compliant with the dies
induciae within which any act must be done as stipulated by these rules.”.
Forms

5. (1) The forms set out in the First Schedule shall be used where applicable and any reference
in these rules to a form by number is a reference to the form in that Schedule bearing that
number.
(2) The forms set out in the First Schedule shall be used with such alterations as
circumstances require.
Reckoning of time
6. Unless the contrary intention appears, where anything is required by these rules or in any
order of the court to be done within a particular number of days or hours, a Saturday, Sunday
or Public Holiday shall not be reckoned as part of such period.
Departure from rules
7. The court or a judge may, in relation to any particular case before it or him or her, as the case
may be—
(a) direct, authorise or condone a departure from any provision of these rules, including an
extension of any period specified therein, where it or he or she, as the case may be, is
satisfied that the departure is required in the interest of justice;
(b) give such directions as to procedure in respect of any matter not expressly provided for in
these rules as appear to it or him or her to be just and expedient.
Certain proceedings to be by way of application
8. Where in any law reference is made to proceedings in the court by way of petition, notice of
motion or application, such proceedings shall be taken by way of application in terms of the
rule providing for applications.
Representation of parties
9. (1) If a legal practitioner acts on behalf of a party in any proceedings, he or she shall notify
all other parties, by notice of assumption of agency, of his or her name and address.
Provided that no such notice of assumption of agency is required in the
case of process initiating proceedings.
Change of Legal Practitioner
(2) Any party represented by a legal practitioner in any proceedings shall be at liberty to
terminate such legal practitioner’s mandate to act for him or her and thereafter act in person or
appoint another legal practitioner to act on his or her behalf, whereupon he or she shall forthwith
give notice to the registrar and all other parties of the termination and where he has
appointed another legal practitioner of the latter’s name and address.
(3) A party who has terminated a legal practitioner’s mandate in terms of subrule (2) but has not
appointed another legal practitioner shall, in the notice of termination, give an address to be
called an address for service within a ten-kilometre radius from the office of the registrar, for the
service on him or her of all documents in such proceedings.
(4) Upon receipt of a notice in terms of subrule (1), or (2), or (3), the address of the legal
practitioner or of the other party, as the case may be, shall become the address of service of such
party in such proceedings:
Provided that any service duly effected elsewhere before receipt of such notice shall,
notwithstanding such change, for all purposes be valid unless the court orders otherwise.

Renunciation by Legal Practitioner

(5) Subject to this rule, a legal practitioner may for good cause renounce his
or her agency at any time before the matter has been set down for hearing.
(6) Where a notice is given in terms of subrule 5, no legal practitioner may
renounce agency after the matter has been set down for hearing except with
the leave of the Court granted on good cause shown.
(7) Where a legal practitioner wishes to renounce his agency in terms of
subrule (5), he or she shall, without delay, file a notice with the Registrar in
Form ..., and as soon as possible thereafter, serve copies of the notice upon his
or her client and all other parties relevant to the matter and proof of such
service shall be filed with the Registrar in accordance with these rules.
(8) A renunciation of agency in terms of subrule (5) shall be effective from the
date on which the notice referred to in subrule (7) is filed with the Registrar.
(9) If a legal practitioner purports to renounce his agency otherwise than in
terms of this rule or without leave granted in terms of subrule (6), as the case
may be, the renunciation shall be ineffective and—
 (a) any process served upon him or her in relation to the matter shall be
considered good service; and
(b) he or she shall appear on behalf of the party at the hearing of the
matter.
(10) A notice of renunciation of agency shall state the client’s last known
address where service of process may be effected.
(11) Where a notice given in terms of subrule 5—

(a) specifies a new address for service in terms of these rules, no further service at the
address of the retiring legal practitioner shall be valid;
(b) does not specify a new address for service in terms of these rules but provides the
party’s last known address at
which post may be delivered, service of further process by registered post at that address
shall be valid, where such service is verified by affidavit;
(c) does not specify a new address for service or the party’s last known address at which
post may be delivered, service of further process at the address of the retiring legal
practitioner shall be valid.

(12) Where the proceedings involve urgent and bail applications the rule shall
apply subject to the following changes
(a) Not less than 24 hours’ notice of renunciation shall be given to all
interested parties upon receipt of the notice of hearing excluding
Saturday, Sunday and any public holidays.
(b) Any such failure to comply with paragraph (a) shall render the
renunciation invalid and the legal practitioner will be required to
appear for the litigant, failure of which the Court / Judge may take such
action as it /he/she considers appropriate in the circumstances.
Friend of court

10.(1) The Court may invite any person with particular expertise which is
relevant to the determination of any matter before it to appear as amicus
curiae and the amicus curiae so invited shall file heads of argument within
the time and subject to such conditions as may be stipulated by the Court,
including the right to respond by any other party.
(2) A person with the expertise described in subrule (1) may apply to the
Court or a Judge for an order to appear as amicus curiae.
(3) An application in terms of subrule (2) shall be made no later than five days
after the filing of the respondent’s heads of argument or after the time for
filing such heads of argument has expired, and shall—
(a) describe the particular expertise which the applicant possesses;
(b) describe the interests of the applicant in the proceedings;
(c) briefly identify the position to be adopted in the proceedings by the
applicant; and
(d) set out the submissions to be advanced by the applicant, their relevance
to the proceedings and the applicant’s reasons for believing that the
submissions will be useful to the Court and different from those of the
other parties.
(4) The Court or a Judge may, if it or he or she considers it to be in the
interests of justice, grant the application upon such terms and conditions,
including the date of filing the written argument, and with such rights and
privileges as it or he or she may determine.
(5) An amicus curiae shall have the right to file heads of argument which raise
new contentions which may be useful to the Court and do not repeat any
submissions set forth in the heads of argument of the other parties.
(6) An amicus curiae shall be limited to the record on appeal, application or
referral and shall not add thereto.
(7) Except in the most exceptional circumstances, no order of costs shall be
made either for or against any person appearing as amicus curiae.
PART II
ISSUING AND SERVICE OF PROCESS
Proceedings by or against firms and associations

Interpretation
11. (1) In this rule— “associate” in relation to—
(a) a trust, means a trustee;
(b) an association other than a trust, means a member of the association;
“association” means any unincorporated body of persons, and includes a partnership, a
syndicate, a club or any other association of persons;

“firm” means a business including a business carried on by a body corporate or

a sole proprietor in his or her own name or under a name other than his or
her own;
“plaintiff” and “defendant” include applicant and respondent; “sue” and “sued” are used in
relation to actions and applications;
“summons” includes a combined summons.

Proceedings by or against firms and Associations

(2) A firm or an association may sue or be sued in its name.
(3) A plaintiff suing a firm or association needs not allege the names of the proprietor or
associates. If he or she does, any error of omission or inclusion shall not afford a defence to the
association.
(4) Subrule (3) shall apply with the necessary changes to a plaintiff suing a firm.

Naming of Associates
(5) In any proceedings in which an association is a party, any other party may, by written notice
to the association delivered before or after judgment, call for particulars as to the full name and
residential address of the proprietor or of each associate, as the case may be, at the time the cause
of action arose.
(6) A person who receives a notice in terms of subrule (5) shall, within five days of receiving it
—
(a) furnish the party with a written statement containing the required information; and
(b) file a copy of the written statement with the registrar;
and the proceedings shall continue in the same manner, and the same consequences shall flow, as
if the proprietor or associates had been named in the summons or notice commencing the
proceedings:

Provided that the proceedings shall continue in the name of the firm or
association except where a writ of civil imprisonment ... is sought against an
associate and shall be specifically named in the civil imprisonment
proceedings.
(7) A plaintiff suing a firm or association and alleging in the summons or notice that any person
was at the relevant date the proprietor or an associate shall notify such person accordingly by
serving the process upon such person.

Note: Subrules (8), (9) and (10) require further consideration.

(8) Any person served with notice in terms of subrule (7) shall be deemed to be a party to the
proceedings, with the rights and duties of a defendant.
(9) Any party to such proceedings may aver in the pleadings or affidavit that such person was at
the relevant date the proprietor or an associate, or that he or she is estopped from denying such
status.
(10) If any party to such proceedings disputes such status, the court may at the hearing decide
that issue in limine.
(11) Execution in respect of a judgment against an association shall first be levied against the
assets of the association and, after such execution, against the private assets of any person held to
be or held to be estopped from denying his or her status, as an associate, as if judgment had been
entered against him or her.
(12) If a firm or association issued and it appears that since the relevant date it has been
dissolved, the proceedings shall nevertheless continue against the persons alleged by the plaintiff
or stated by the firm or association to be the proprietor or associates as if sued individually.
(13) Subrule (12) shall apply with the necessary changes where it appears that an association has
been discontinued.

Proceedings by or against persons under their trade name

(14) This rule shall not be construed as affecting—
(a) the entitlement of an associate to institutes proceedings on behalf of his or her firm or
association or fellow associates; or
(b) the liability or non-liability under any other law of associates for the conduct of their
association or of their fellow associates.

Application to substitute trustee

(15) In any proceeding against a trust in respect of whichthe trusteeship is vacant or the trustee
or all of the trustees are resident outside Zimbabwe at the time of the proceedings, the plantiff in
those proceedings shall, together with the principal action or application, lodge with the registrar
and application ( hereinafter called a “substituted trustee application”) under cover of an affidavit
deposing to the following facts, namely that the plantiff –
(a) having made or caused to be made diligent inquiries at the Office of the Master and the
Registry of deeds to identify any trustee of the trust subject to the principal action or
application, has found that the trusteeship is vacant, or that the trustee or all of them ( as
the case may be) cannot after diligent inquiry, be located within the jurisdiction of
Zimbabwe; and
(b) has caused notice ( the published Gazette copy of which must be annexed to the affidavit)
of his or her intention to lodge the substituted trustee application to be advertised at least
once in the Gazette and in the newspaper circulating in the district in which the property
subject to the trust is situated.
(16) The substituted trustee application shall indicate the name of any person to be appointed by
the court ad substitute trustee, or request the Master, or the court to make such appointment as it
deems fit and just in the circumstances, and shall have attached to it an authenticated copy of the
trust deed or trust instrument in question, and such other annexures as the registrar may require,
for the registrar’s consideration, and for the report by him or her as to the suitability of any
person whether suggested by the applicant or not, for appointment by the court, and as to the
terms, if any of the remuneration of such substituted trustee(for which the purpose the
substituted trustee shall be entitled to be remunerated from the trust assets, notwithstanding
anything to the contrary in the trust deed or trust instruement).

(17) The office of the substituted trustee shall become vacant at the conclusion of the action in
respect of which he or she was appointed, unless, in the interest of justice or of the trust and its
beneficiaries, or for any other reason, the court (on its motion or on the motion of the plaintiff or
substituted trustee), extends the term of the substituted trustee for a definite or indefinite period.
Summons

Action to be commenced by way of summons

12. (1) Every action shall be commenced by way of a summons addressed to the defendant and
signed by the registrar who issues it.
Matters required by summons
(2) A person making a claim against any other person may, through the office of the registrar, sue
out a summons and declaration addressed to the defendant and directing the sheriff to serve a
copy of the summons and declaration on the defendant and to return a copy, with the return of
service duly completed to the registrar who issued it within thirty days of filing the
summons with the registrar:
Provided that, where it is necessary for service to be effected outside the jurisdiction, the
summons shall be served in the manner provided for in these rules, as may be appropriate.
(3) The summons shall call upon the defendant, if he or she disputes the claim and wishes to
defend it, to give notice of his or her intention to defend with the registrar within the time
specified therein.
(4) Thereafter, if the summons is a combined summons and declaration, the defendant shall,
within a further 10 days after giving such notice to defend, deliver a plea (with or without a
claim in re-convention), an exception or an application to strike out.

Contents of Summons
(5) Before issue, every summons shall set forth—
(a) the surname and first names or initials of the defendant by which the defendant is
known to the plaintiff, the defendant’s residence or place of business and, where known,
the defendant’s occupation and employment address and, if the defendant is sued in any
representative capacity, the capacity in which the defendant is sued;
(b) the full names, sex (if the plaintiff is a natural person), occupation and the residence
or place of business of the plaintiff, and if the plaintiff sues in a representative capacity,
the capacity in which the plaintiff is suing;
(c) the plaintiff’s email address, facsimile, telephone or cellular phone number and those
of the defendant or the defendant’s legal practitioner if known;
(d) a true and concise statement of the nature, extent and grounds of the cause of action
and of the relief or remedies sought in the action; and
 (e) the date of issue.

Form and filing of Summons: Form of Edictal Citation

(6) The summons shall be in Form No. 1 or, in matrimonial causes, in Form No 29 and shall be
filed in hardcopy in triplicate and in soft copy with the registrar at the time of issue.

Summons for a debt or liquidated demand

(7) In an action where the claim, apart from costs, is for a debt or a liquidated demand only, the
summons may, at the option of the plaintiff, in addition to an endorsement in terms of subrule (4)
(d) have attached the particulars of the claim setting out truly and concisely the nature, extent
and grounds of the cause of action, which particulars shall take the place of a declaration.

Subrule (8) of rule 12 is to be repealed.

(9) Subject to subrule (10), where the amount claimed includes capital and interest on the capital,
the particulars attached to the summons in terms of subrule (7) shall state clearly—
(a) the capital amount claimed; and
(b) the total amount in interest claimed on the capital at the date of the summons or as
at an earlier date specified in the particulars; and
(c) whether or not interest is claimed on the total amount of capital and interest referred
to in paragraphs (a) or (b) and, if not, the amount in respect of which any interest is
claimed and the date from which interest is to run.
(10) Where the claim relates to a bank overdraft, the particulars attached to the summons in
terms of subrule (7) shall state clearly—
(a) the total amount claimed; and
(b) the total capital amount lent by the bank to its defendant; and
(c) the total amount of interest claimed on the capital amount referred to in paragraph (b)
as at the date of the summons or as at an earlier date specified in the particulars; and
(d) any amount claimed in respect of bank charges, cheque books and similar matters;
and
(e) any interest claimed on any amount referred to in paragraph (d) as at the date of the
summons or as at an earlier date specified in the particulars; and
(f) any payments made by the client or respondent, and whether such payments have
been appropriated to capital or interest.
Amendment of summons
(11) Subject to the provisions of this rule, a summons may, before service, be amended by the
plaintiff as he or she thinks fit. An amendment to a summons, whether before or after issue,
shall, before service thereof, be initialled by the registrar, and until so initialled shall have no
effect.

Subrule (11) of rule 12 is to be repealed.

Preparation of summons
(12) (1) A summons shall be prepared by the plaintiff or his or her legal practitioner and shall be
written or printed or partly printed and partly written on foolscap paper of good quality.
(2) A person making a claim against any other person may, through the office of the Registrar,
sue out a summons and declaration addressed to the defendant and directing the Sheriff to serve
a copy of the summons and declaration on the defendant.
(ii) The Plaintiff shall deliver the summons for service to the Sheriff in not more than 30 days
from the date of issue of summons and furnish the Registrar with proof of payment for service,
failure of which the summons shall be deemed to have been abandoned, and the Registrar shall
notify the parties accordingly.
(iii) After service of summons, the Sheriff shall file with the Registrar a return of service duly
completed together with the copy of summons.

Address for service to be endorsed on the summons

(13) Every summons shall be signed by the legal practitioner acting for the plaintiff and shall
bear the legal practitioner’s physical address called “the address for service” where notices,
pleadings, orders and other documents may be left by the defendant for the plaintiff and such
address for service shall be within a radius of ten kilometres from the registry where the
defendant is required to enter appearance to defend.

(14) In addition to the physical address, postal address and, where available
his or her electronic mail address, shall be endorsed on the summons.
(15) If no legal practitioner is acting, for the plaintiff the summons shall be signed by the
plaintiff who shall in addition append an address for service within a radius of ten kilometres
from the registry at which the plaintiff will accept service of all subsequent documents in the
suit, the plaintiff’s postal address and, where available, the plaintiff’s facsimile address and
electronic mail address.
(16) After subrules (12) to (14) have been complied with, the summons shall be signed and
issued by the registrar who shall affix a case number for it on the top right corner and it shall be
made returnable by the sheriff to the court through the registrar.
(17) The plaintiff may indicate in a summons whether the plaintiff is prepared to accept service
of all subsequent documents and notices in the suit through any manner other than the physical
or postal addresses and if so, shall state such preferred manner of service.
(18) If an action is defended the defendant may, at the written request of the plaintiff, deliver a
consent in writing to the exchange or service by both parties of subsequent documents and
notices in the suit by way of facsimile or electronic mail.
(19) If the defendant refuses or fails to deliver the consent in writing as provided for in subrule
(18) the court or a judge may, on application by the plaintiff, grant such consent, on such terms
as to costs and otherwise as may be just and appropriate in the circumstances.

Time allowed for entering appearance to defend

(20) The time within which the defendant shall be required to enter appearance to defend shall be
ten days excluding the day of service, every public holiday, Saturday and Sunday.

When leave of court required for issue of process

(21) No summons maybe sued out against the Judges of the Constitutional
Court, Supreme Court, High Court and Labour Court or any division of such
court without leave of the court.
Return of Summons
(22) Every summons, including those issued from a district registry, shall be made returnable to
the court at Harare or Bulawayo or Masvingo or Mutare or Chinhoyi any other station where
the High Court is situated and a copy of the summons shall be returned thereto by the sheriff
after service has been effected.

Declaration: Statement of plaintiff’s claim

13. (1) In every case in which the claim is not for a debt or liquidated demand the summons shall
have annexed to it a statement of the material facts relied upon by the plaintiff in support of
his or her claim, to be called a declaration which shall state truly and concisely—
(a) the name and description of the party suing and his or her place of residence or place of
business; and
(b) if the plaintiff sues in a representative capacity, the capacity in which he or she sues; and
(c) the name of the defendant and his or her place or residence or place of business; and
(d) if the defendant is sued in a representative capacity, the capacity in which he or she is
sued; and
(e) the nature, extent and grounds of the cause of action.
Mode of stating relief claimed
(2) Every declaration shall state precisely the relief which the plaintiff claims either in the
main or alternative.
(3) Where the claim is for a debt or liquidated amount which includes capital and interest on the
capital, the declaration shall state such of the particulars set out in rule 12(9) to (10) as may be
relevant to the claim.

Distinct claims to be separately stated

(4) Where the plaintiff seeks relief in respect of several distinct claims or causes of action
founded upon separate and distinct grounds, they shall be stated, as far as may be, separately and
distinctly.

Amendment of Declaration
(5) The provisions of rule 12(11) relating to amendment of summons shall apply with the
necessary changes to amendment of a declaration.
Provisional sentence
 Summons claiming provisional sentence
14. (1) Where the plaintiff is the holder of a valid acknowledgment of debt, commonly called a
liquid document, the plaintiff may cause a summons to be issued claiming provisional
sentence on the said document.
Contents of summons for provisional sentence
(2) A summons for provisional sentence shall be in Forms No. 2 or 3 and 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 pay the
amount claimed or, failing such payment, to appear personally or by counsel on the floor of the
court at the hour and on the day not being less than 10 days after service and at the place stated
in the summons to admit or deny his or her liability.

Form and rules applicable

(3) A summons for provisional sentence shall be issued by the registrar and the provisions of rule
12 shall with the necessary changes apply to a summons for provisional sentence.

Copy of document to be served with summons

(4) Copies of all documents upon which the claim is founded shall be annexed to the summons
and served with it.

Particulars where claim based on mortgage bond

(5) When provisional sentence is claimed on a mortgage bond which has become due by reason
of notice given or interest being unpaid, the date when and the manner in which notice was given
or the particulars of the unpaid interest shall be stated in the summons.
(6) Matters for provisional sentence shall be set down on a roll assigned for such matters and
shall be disposed of as expeditiously as possible, having regard to the nature of the remedy of the
provisional sentence.

Notice of opposition and answering affidavits

(7) At least five (5) days before the date stated in the summons for appearance to answer the
plaintiff’s claim, a defendant intending to oppose the matter shall file a notice of
opposition in Form No. 24, together with one or more supporting affidavits in which event
the provisions of these rules shall apply, with the necessary changes to the service of a notice of
opposition in terms of this subrule and to the filing and service of any answering affidavits or
further affidavits by the parties.

When court may give final judgment

(8) If at the hearing the defendant admits his or her liability or if he or she has previously filed
with the registrar an admission of liability signed by himself or herself and witnessed by a legal
practitioner acting for him or her or, if not witnessed, verified by affidavit, the court may give
final judgment against him or her.
 Court may permit personal appearance of person summoned
(9) The court may hear oral evidence as to the authenticity of the defendant’s signature, or that of
his or her agent, to the document upon which claim for provisional sentence is founded or as to
the authority of the defendant’s agent.
(10) Any person against whom provisional sentence has been granted may enter appearance to
defend the principal case but only if he or she shall have satisfied the amount of the judgment of
provisional sentence and taxed costs or the plaintiff has issued a writ of execution against the
defendant and executed against such property.

Rights of Defendant when provisional sentence granted

(11) A defendant entitled to and wishing to defend the principal case, shall, within one month of
the grant of provisional sentence, enter a notice of appearance to defend, in which event the
summons shall stand as a summons in an ordinary action and the defendant shall file a plea
within ten days after entry of appearance and thereafter the matter shall proceed as an ordinary
action. Failing such appearance or such plea the provisional sentence shall ipso facto become a
final judgment.

When plaintiff must give security

(12) Where provisional sentence has been granted and the defendant is entitled to and desires to
defend the principal case, the plaintiff shall, on demand, furnish the defendant with security de
restituendo to the satisfaction of the registrar, against payment of the amount due under the
judgment.

Security to be fixed by Registrar

(13) In considering the amount of security de restituendo to be furnished by the plaintiff the
registrar shall have regard to the value of the judgment and all the circumstances of the case, but
shall not necessarily fix security which is the equivalent of the judgment.

Where provisional sentence refused and case ordered to stand over for trial
(14) Where provisional sentence has been refused, the case shall be ordered to stand over for
trial, the summons shall stand as a summons in an ordinary action and the defendant shall enter
appearance within five days of the court’s judgment, and thereafter the rules of procedure in an
ordinary action shall apply unless the court gives other directions.
Service of process

Interpretation
15. (1) In this rule “process” means any document that is required to be served on any person in
terms of these rules.
(2) Where the person upon whom any process is to be served is a minor or a person under legal
disability, any reference to that person in this rule shall be construed as a reference to his or her
guardian, tutor, curator or the like of such minor or person under disability.

Application of Rule
(3) This rule 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
(b) any order or direction which a court or judge may give in relation to the service of any
particular process.
Persons by whom process may be served
(3) Save for the initial service of a summons commencing action, the service of notices of set
down on the unopposed roll of matrimonial applications, the service of any process for
the arrest of any person, the service of writs and warrants, the service of any document,
pleading or process shall be effected on the IECMS platform:
Provided that any litigant or representative shall be entitled to access an e-filing centre nearest to
him or her, and at no cost, to effect electronic service and further that a judge may on application
authorise service by any other means on good cause shown.

(5) Any party required to serve the process through the sheriff shall deliver to the sheriff a
physical copy of the process within 7 days of the request together with as many copies as there
are persons to be served, failing which the request shall be deemed abandoned.
(6) Process served otherwise than electronically shall be effected between the hours of 0700 and
2100 on any day which is not a Sunday, except for process for the arrest of any person which
shall be validly served at any time.
(7) In addition to the methods of service provided for in these rules, service may be effected
electronically by way of e-mail, web portal or other electronic means designated by the Chief
Justice in a Practice Direction, in which case—
(a) proof of such electronic service shall be simultaneously copied to the Registrar;
(b) a sent status report shall be deemed to be prima facie proof of electronic service.
(8) Except as otherwise provided for in these rules, proof of service of any document required to
be served shall be lodged with the Registrar in all cases not more than forty-eight hours after
such service.
(9) The authentication of any electronic communication shall be effected by means of electronic
signatures, and certified backup copies of the communication shall be kept in paper form or by
such other acceptable means, as may be directed from time to time by the Chief Justice.
(10) Every notice of set down shall be made returnable to the court from which it was issued,
and the sheriff shall submit the return of service to the registrar within five (5) days after service
has been effected and at least five (5) days before the date of hearing.
Manner of service of process generally
(11) Process in relation to a claim for an order affecting the liberty of a person or his or her status
shall be served by delivery of a copy thereof to that person personally.
(12) Service of any other process of the court may be effected in one or other of the following
manners—
(a) by delivering a copy thereof to the person or his or her duly authorised agent;
(b) by delivering a copy thereof on a responsible person at the place of residence or
business or employment of such person.
(c) by delivering a copy thereof to the agent who is duly authorised in writing to accept
service on behalf of the person upon whom service is to be effected;
(d) if the person to be served has chosen an address for legal purposes, by delivering or
leaving a copy thereof at the address for legal purposes chosen;
(e) in the case of a body corporate, by delivering a copy to a responsible employee
thereof at its registered office or its principal place of business within the court’s
jurisdiction, or if there is no employee willing to accept service, by affixing a copy to the
main door of such office or place of business, or by delivering a copy to a director or to
the secretary or public officer of the body corporate;
(f) where any syndicate, club, society, church, firm or voluntary association is to be
served, service shall be effected in a manner referred to in paragraph (b) at the place of
business of it and if it has no place of business on a partner, the proprietor, chairperson or
secretary of the committee or other managing body of such association as the case may
be or a responsible person at its place of business;
(g) where a local authority or statutory body is to be served, service shall be effected by
delivering a copy to the town clerk or assistant town clerk or mayor of such local
authority or to the secretary or similar officer or member of the board or committee of
such body, or in any manner provided by law;

Service of process where two or more persons

(h) where two or more persons are sued in their joint capacity as trustees, liquidators,
executors, administrators, curators or guardians, or in any other joint representative
capacity, service shall be effected upon each of them in any manner provided for in this
rule except in the case of married persons who are not separated under an order of
judicial separation, when service of process relating to property jointly held by them may
be effected on either spouse;
Service where person to be served prevents service or cannot be found
(i) where any process is to be served, including process in which the only relief claimed,
apart from costs, is an order for ejectment from premises or judgment for rent thereof,
and—
(i) the person upon whom it is to be served prevents service by keeping his or her
residence, place of business or employment, address for service or registered
office closed; or
 (ii) the person seeking to effect service of the 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 this rule;
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;
(j) where the person to be served with any process initiating proceedings is already
represented by a legal practitioner of record, such process may be served upon such legal
practitioner by the party initiating such proceedings.
Postal and electronic service
(13) Any process, other than process referred to in subrule (12) may be served by registered post
or by electronic mail in accordance with this rule.
(14) Where—
(a) the party requiring service of any process, other than process referred to in subrule (12),
has given written instructions to the sheriff to serve the process by registered post or by
electronic mail; or
(b) the registrar has directed the sheriff that any process, other than process referred to in
subrule (12) shall be served by registered post or by electronic mail;
the sheriff, as the case may be, shall serve the process by registered post or by electronic mail
in accordance with this subrule.
(15) Where registered post is used, process shall be served by placing a copy of the process in
an addressed envelope endorsed with the words:
“If delivery of this letter cannot be made within fourteen days, it is to be returned to the
sender.” or words to the same effect, and posting it by prepaid registered post to the
address of the person upon whom the process is to be served.
(16) An acknowledgment of receipt of an envelope posted in terms of this rule, signed by the
person to whom the envelope was addressed and furnished in terms of the Postal and
Telecommunications Act [Chapter 12:05] shall be prima facie proof that the process contained
in the envelope was served upon him or her.
Proof of service
(17) Where electronic mail is used, the process shall be scanned and sent to the electronic mail
address of the party upon whom process is to be served.
(18) Proof of delivery of the electronic mail at that address shall be prima facie proof of service
of the process upon the party to be served.
(19) Where service of any process has been effected by—
 (a) the sheriff, proof of service shall be by return of service in Form No. 4 or by endorsement
on the process concerned;
(b) a legal practitioner or a responsible person in his or her employ, proof of service shall be
by a certificate of service in Form No. 5 or 6, as the case may be;
(c) a person other than a sheriff or a person referred to in paragraph (b), proof of service
shall be by affidavit;
(d) post conducted in terms of this rule, proof of service shall be by signed acknowledgment
specified in subrule (19);
(e) electronic mail referred to in subrule (20), proof of service shall be by copy of the mail in
question showing date and time of delivery.
(20) Where the process has been served on a responsible person in terms of subrule (13) (b), (c),
(e), (f), (g), or (h), the name of that person shall be stated on the return of service, endorsement,
certificate or affidavit referred to in subrule (22).
Change of address for service
(21) 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 rule at the new address.
Transmission of subsequent process by electronic means
(22) Any subsequent process for service may be transmitted by telegraph, facsimile or electronic
mail and a telegraphic, facsimile or email copy that is served in accordance with this rule shall be
of the same effect as if the original had been served.
Inspection of original process
(23) The original of any process which has been served on any person may be inspected by that
person at the office of the registrar where it is filed.
(24) If it is not possible to effect service of process in any manner provided for in this rule, the
court or a judge may, upon the application of the person wishing to cause service to be effected,
give directions in regard thereto and where such directions are sought in regard to service upon a
person known or believed to be within Zimbabwe, but whose whereabouts therein are unknown,
the provisions of rule 17 shall, with the necessary changes apply.

“General provisions for electronic filing of process

15A. (1) Where any act in terms of these rules may be performed or executed on the
IECMS platform, litigants and representatives shall first create an IECMS account before
proceeding to access the IECMS platform, for which purpose—

(a) the mandatory information required by the Register for accessing the IECMS
platform shall be provided;
 (b) any changes in the mandatory information necessary for accessing the
IECMS platform shall be relayed to the Registrar within 48 hours of the
changes; and
(c) a telephone number and email address shall be provided.
(2) A person with an IECMS account shall preserve the integrity and security of his
or her account and no liability shall attach to the IECMS platform’s administrators
for any failure to preserve such account.

(3) A document that is sent for filing by electronic communication to the Registry as
part of IECMS or, in exceptional cases, by alternate electronic means, shall be—

(a) sent by using the official websites of the Court; and

(b) in an electronic format approved by the Registrar; and

(c) capable of being printed in the form in which it was created, without
modification or loss of content; and

(d) electronically stamped or signed by the Registrar, if it is required in

accordance with these rules to be stamped or signed by the Registrar.

(4) A person who sends a document by electronic communication to the Registry as

part of IECMS or, in exceptional cases, by alternate electronic means in terms of these
rules shall—

(a) keep a hard or electronic copy of the document prepared in accordance with
these rules; and

(b) if ordered to do so by the Court, produce the hard copy of the document.

(5) In addition to any other mode of payment, the IECMS platform shall allow
payment of any fees to be made electronically.

Pagination and indexing of electronic documents, and format of pleading or other

legal documents
 15B. (1) All documents filed electronically shall be indexed and paginated in
accordance with, and (notwithstanding Rule 36) otherwise conform to, the following
provisions—

(a) all documents filed in connection with a particular case shall be contained in a
single PDF document which shall be identical to the hard copies of the document;

(b) the pagination of electronic documents shall appear at the top of the page on
the right;

(c) the applicant or appellant shall create an index of all documents filed
electronically, which index shall be identical to the index of the hard copies;

(d) the format of the documents presented for filing to the court shall be in
paragraphs, and the “Times New Roman” font type, size twelve (12), and a line
spacing of 1.5 shall be used for all pleadings and documents;

(e) the pleadings and documents shall not be unreasonably long, voluminous or
convoluted.

(2) The Registrar shall reject any document or pleading that does not comply with this
rule.

‘E-filing centres

15C There shall be e-filing centres with internet access and related services provided
using dedicated computers or electronic gadgets at each High Court station, and every
magistrates’ court station. The e-filing centres shall be accessible at no cost.

(1) There shall be designated e-filing officers to assist litigants and

representatives at every e-filing centre.
(2) A litigant or representative of a litigant shall be entitled to use an e-filing
centre nearest to him or her for the following purposes:-

(a) accessing his or her IECMS account;

(b) accessing correspondence and pleadings filed by another party to
the case;
(c) electronically serving a document;
 (d) tracking a case in which he or she is a participant; and
(e) participating in a virtual hearing.

(3) For the avoidance of doubt, the Judicial Service Commission shall, in so far
as possible, facilitate access to e-filing to all interested persons and, in
particular, persons living with disabilities or under detention.

Manner of service of process generally

(10) Process in relation to a claim for an order affecting the liberty of a person or his or her status
shall be served by delivery of a copy thereof to that person personally.
(11) Service of any other process of the court may be effected in one or other of the following
manners—

(a) by delivering a copy thereof to the person or his or her duly authorised agent;

(b) by delivering a copy thereof on a responsible person at the place of residence or

business or employment of such person.

(c) by delivering a copy thereof to the agent who is duly authorised in writing to accept
service on behalf of the person upon whom service is to be effected;
(d) if the person to be served has chosen an address for legal purposes, by delivering or
leaving a copy thereof at the address for legal purposes chosen;
(e) in the case of a body corporate, by delivering a copy to a responsible employee
thereof at its registered office or its principal place of business within the court’s
jurisdiction, or if there is no employee willing to accept service, by affixing a copy to the
main door of such office or place of business, or by delivering a copy to a director or to
the secretary or public officer of the body corporate;
(f) where any syndicate, club, society, church, firm or voluntary association is to be
served, service shall be effected in a manner referred to in paragraph (b) at the place of
business of it and if it has no place of business on a partner, the proprietor, chairperson or
secretary of the committee or other managing body of such association as the case may
be or a responsible person at its place of business;
(g) where a local authority or statutory body is to be served, service shall be effected by
delivering a copy to the town clerk or assistant town clerk or mayor of such local
authority or to the secretary or similar officer or member of the board or committee of
such body, or in any manner provided by law;

Service of process where two or more persons

(h) where two or more persons are sued in their joint capacity as trustees, liquidators,
executors, administrators, curators or guardians, or in any other joint representative
 capacity, service shall be effected upon each of them in any manner provided for in this
rule except in the case of married persons who are not separated under an order of
judicial separation, when service of process relating to property jointly held by them may
be effected on either spouse;

Service where person to be served prevents service or cannot be found

(i) where any process is to be served, including process in which the only relief claimed,
apart from costs, is an order for ejectment from premises or judgment for rent thereof,
and—
(i) the person upon whom it is to be served prevents service by keeping his or her
residence, place of business or employment, address for service or registered
office closed; or
(ii) the person seeking to effect service of the 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 this rule;
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;
(j) where the person to be served with any process initiating proceedings is already
represented by a legal practitioner of record, such process may be served upon such legal
practitioner by the party initiating such proceedings.

(12) No service of any civil summons, order or notice and no proceedings or act required in any
civil action, except the execution of a warrant of arrest, shall be validly effected on a Sunday
unless the court or a judge directs otherwise.
(13) It shall be the duty of the sheriff or other person serving the process to explain the nature
and contents thereof to the person upon whom service is being effected and to state in the return
or affidavit that he has done so.

Postal and electronic service

(14) Any process, other than process referred to in subrule (12) may be served by registered post
or by electronic mail in accordance with this rule.
(15) Where—
(c) the party requiring service of any process, other than process referred to in subrule (12),
has given written instructions to the sheriff to serve the process by registered post or by
electronic mail; or
(d) the registrar has directed the sheriff that any process, other than process referred to in
subrule (12) shall be served by registered post or by electronic mail;
 the sheriff, as the case may be, shall serve the process by registered post or by electronic mail
in accordance with this subrule.
(16) Where registered post is used, process shall be served by placing a copy of the process in
an addressed envelope endorsed with the words:
“If delivery of this letter cannot be made within fourteen days, it is to be returned to the sender.”
or words to the same effect, and posting it by prepaid registered post to the address of the person
upon whom the process is to be served.

(17) An acknowledgment of receipt of an envelope posted in terms of this rule, signed by the
person to whom the envelope was addressed and furnished in terms of the Postal and
Telecommunications Act [Chapter 12:05] shall be prima facie proof that the process contained
in the envelope was served upon him or her.

Proof of service
(18) Where electronic mail is used, the process shall be scanned and sent to the electronic mail
address of the party upon whom process is to be served.
(19) Proof of delivery of the electronic mail at that address shall be prima facie proof of service
of the process upon the party to be served.
(20) Where service of any process has been effected by—
(f) the sheriff, proof of service shall be by return of service in Form No. 4 or by endorsement
on the process concerned;
(g) a legal practitioner or a responsible person in his or her employ, proof of service shall be
by a certificate of service in Form No. 5 or 6, as the case may be;
(h) a person other than a sheriff or a person referred to in paragraph (b), proof of service
shall be by affidavit;
(i) post conducted in terms of this rule, proof of service shall be by signed acknowledgment
specified in subrule (19);
(j) electronic mail referred to in subrule (20), proof of service shall be by a copy of the mail
in question showing the date and time of delivery.
(21) Where the process has been served on a responsible person in terms of subrule (13) (b), (c),
(e), (f), (g), or (h), the name of that person shall be stated on the return of service, endorsement,
certificate or affidavit referred to in subrule (22).

Change of address for service

(22) 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 rule at the new address.

Transmission of subsequent process by electronic means

(23) Any subsequent process for service may be transmitted by telegraph, facsimile or electronic
mail, and a telegraphic, facsimile or email copy that is served in accordance with this rule shall
be of the same effect as if the original had been served.

Inspection of original process

(24) The original of any process which has been served on any person may be inspected by that
person at the office of the registrar where it is filed.
(25) If it is not possible to effect service of process in any manner provided for in this rule, the
court or a judge may, upon the application of the person wishing to cause service to be effected,
give directions in regard thereto and where such directions are sought in regard to service upon a
person known or believed to be within Zimbabwe, but whose whereabouts therein are unknown,
the provisions of rule 17 shall, with the necessary changes apply.
Service of process in proceedings against the State

Application of rule
16. (1) This rule shall apply to claims for—
(a) money, whether arising out of contract, delict or otherwise; or
(b) the delivery or release of any goods;
(c) whether or not joined with or made as an alternative to any other claim, where the claims
instituted against—
(i) the State; or
(ii) the President, a Vice President or any Minister or Deputy Minister in his or her
official capacity; or
(iii) any officer or employee of the State in his or her official capacity.
Persons against whom notice and process to be served
(2) Where a person mentioned in the first column of the Third Schedule is the defendant
or respondent in any proceedings to which this rule applies—
(a) the notice of intention to bring the proceedings required by the State Liabilities Act
[Chapter 8:14]; and
(b) all process by which the proceedings are instituted or by which effect is given to any
judgment arising out of the proceedings;
shall be served upon the person specified in relation to the defendant or respondent in the
second column of the Third Schedule , and copies of the notice and process shall be
served, for information, upon, the person or persons specified in relation to the defendant or
respondent in the third column of that Schedule.

Notice of intention to bring claim to be attached to process

(3) Where process instituting proceedings to which this rule applies is served on a defendant or
respondent, there shall be attached to the process a copy of the notice of intention to bring the
proceedings required by the State Liabilities Act [Chapter 8:14].

Order not to affect jurisdiction of court

(4) Nothing in this rule shall be construed as requiring a departure from the general practice that
process should be issued by the registrar at the seat of the court where the proceedings concerned
are to be heard.
Edictal citation
Note: The old heading for this rule was “Service outside the jurisdiction and
substituted service”
17. (1) Save by leave of the court in terms of this rule or as provided for in rule 18 or in any Act,
no process or document whereby proceedings are instituted shall be served outside
Zimbabwe.
(2) Any person desiring to obtain leave shall make an application to the court or a judge setting
out concisely—
(a) the nature and extent of his or her claim;
(b) the grounds upon which the claim is based;
(c) the grounds upon which the court has jurisdiction to entertain the claim;
(d) the manner of service which the court or judge is asked to authorise; and
(e) if such manner of service be other than personal service, the last-known whereabouts of
the person to be served and the inquiries made to ascertain his or her present
whereabouts.
(3) The applicant must attach to the application referred to in subrule 2 a copy of the process to
be served.
(4) Any person wishing to obtain leave to effect service outside Zimbabwe of any document
other than one through which proceedings are instituted may either make an application for such
leave in terms of subrule (2) or request such leave at any hearing at which the court or judge is
dealing with the matter, in which latter event no papers need to be filed in support of such
request, and the court or judge may act upon such information as may be given from the bar or in
chambers or given in such other manner as the court or judge may require, and may make such
order as it, he or she considers fit.
(5) Upon such application, the court or judge may make such order as to the manner of service as
to the court or judge seems fit and shall further order the time within which notice of intention to
defend is to be given or any other step that is to be taken by the person to be served.
(6) Where service by publication is directed, it shall not be necessary to publish the document or
documents in an extensive form but in a short form thereof to be approved and signed by the
registrar.
(7) Any process or document in such case shall be served in such a manner and subject to such
conditions as the court or judge in each particular case directs.

Service of summons or application in Republic of South Africa, Namibia, Lesotho, Eswatini or

Botswana
18. (1) Where it is necessary to serve any summons or application on any person in a province of
the Republic of South Africa or Namibia, Lesotho, Eswatini or Botswana, service by the
sheriff, deputy sheriff or under sheriff of that province or country may be accepted by the
court:
Provided that, where the service is effected by a deputy or under sheriff, his or her appointment
shall be certified by the sheriff of the province or country concerned.
(2) The signature and seal of the sheriff on any return of service effected under this rule shall be
sufficient authentication and the fees to be paid for such service shall be at the scale charged for
such service of such process or document in the province or country in which such service is
effected.
(3) Application for leave to effect service in terms of this rule shall be made by way of a chamber
application accompanied by a draft of the summons or application proposed to be issued and a
sworn statement setting out concisely the matters mentioned in subrule (2) of rule 16.
(4) On such application the judge may make such order as to the manner of service as to him or
her seems proper and necessary.
Substituted service
19. (1) Whenever it is necessary to effect service of any process or document whereby
proceedings are instituted, on any person within the jurisdiction who cannot be served in any
of the ways provided for in rule 15, the leave of a judge shall be obtained by chamber
application made in terms of the rule relating to the making of such applications.
(2) Such application shall be accompanied by a draft of the process or document proposed to be
issued and shall set out concisely—
(a) the nature and extent of the claim and the grounds upon which it is based;
(b) the reason why service cannot be effected in any of the ways provided in rule 15;
(c) sufficient relevant facts to indicate the best manner in which service may be effected.
(3) On such application a judge shall, by his or her order, give such directions in the premises as
he or she deems proper and necessary, having due regard to the place where the defendant is or is
believed to be residing and to the other circumstances of the case.
(4) In all cases in which publication is directed, it shall not be necessary to publish the document
or documents in an extensive form but the publication of a short form thereof to be approved and
signed by the registrar shall be sufficient compliance with the direction of the judge.
(5) Any process or document in such case shall be served in such a manner and subject to such
conditions as the judge in each particular case directs.
Appearance to defend
20. (1) There shall be maintained in the office of the registrar at Harare, Bulawayo, Masvingo,
Mutare, Chinhoyi and any other station where the High Court is situated, a book called an
appearance book.
(2) Subject to the provisions of the Act or any other law, the defendant in every civil
action shall be allowed ten days, exclusive of the day of service, plus one day for every
200 kilometres or part thereof where the place at which the summons is served is more
than 200 kilometres from the court where the summons is issued, after service of
summons on him or her within which to deliver a notice of intention to defend, either
personally or through his or her legal practitioner

Mode of entering appearance

(3) Entry of appearance to defend shall be effected by the defendant or his or her legal
practitioner who shall record in the appearance book at the registry where he or she has been
called upon to enter appearance—
(a) the title and number of the action;
(b) notification of his or her intention to defend;
(c) an address called an address for service which shall be within a radius of ten kilometres
of the registry for service on the defendant thereat of all documents in such action and
service thereof at the address for service shall be valid and effectual, except where by
order of the court personal service is required;
(d) a full residential or business address;
(e) postal address and where available, facsimile address and electronic mail address;
(f) the date of entry; and shall sign the entry thus made.
(4) The defendant may indicate in the notice of appearance to defend whether the defendant is
prepared to accept service of all subsequent documents and notices in the suit through any other
manner than the physical delivery at the address for service and if so, shall state such preferred
manner of service and additionally the plaintiff may, at the request of the defendant, deliver a
consent in writing to the exchange or service by both parties of subsequent documents and
notices in the suit by way of facsimile or electronic mail:
Provided that if the plaintiff refuses or fails to deliver the consent in writing the court or a judge
may, on application by the defendant, grant such consent, on such terms as to costs and
otherwise as may be just and appropriate in the circumstances.

Entry of appearance: defendant may still raise objection in law to action

(5) A party shall not by reason of his or her delivery of a notice of appearance to defend be
deemed to have waived any right to object to the jurisdiction of the court or to any irregularity or
impropriety in the proceedings.

Notice of entry of appearance to defend

(6) Within seven days of the entry of appearance to defend, written notice,
thereof in Form No. 7 shall be served on the plaintiff or on his or her legal
practitioner failure of which shall result in the defendant being barred.
Failure to enter appearance: Defendant deemed barred
(7) A defendant who has failed to enter appearance shall be barred.

Withdrawal by plaintiff after appearance entered

(8) Where the defendant has entered appearance the plaintiff shall not be entitled, save with the
defendants consent in writing, to withdraw the action until he has paid the defendant’s taxed
costs or has undertaken to pay such costs and has given notice of intention to withdraw to the
defendant and the registrar and such undertaking shall be incorporated in the notice of
withdrawal:
Provided that if such taxed costs are not paid within twelve days of demand the defendant may
make a chamber application for judgment for his or her taxed costs.
PART III
JUDGMENT
Judgment by consent

Consent to judgment without appearance in court

21. (1) Save in actions for relief affecting status, at any time after service of summons a
defendant may consent, in whole or in part to judgment without appearing in court and such
consent to judgment shall be in writing and signed by the defendant personally or by a legal
practitioner who has entered appearance to defend on his or her behalf and where the
defendant has personally signed a consent to judgment, his or her signature shall either be
witnessed by a legal practitioner acting for such defendant and not for the plaintiff or be
verified by affidavit and upon filing a consent to judgment with the registrar the plaintiff may
make a chamber application for judgment and thereafter a judge may give judgment
according to the consent.
Court may set aside judgment given by consent
(2) A judgment given by consent under these rules may be set aside by the court and leave may
be given to the defendant to defend, or to the plaintiff to prosecute the action and such leave shall
only be given on good and sufficient cause and upon such terms as to costs and otherwise as the
court considers just.
Judgment in default-claim for debt or liquidated demand only
22. 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 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.
Judgment in default-claim other than for debt or liquidated demand
23. (1) In cases where the plaintiff’s claim is not for a debt or liquidated demand only, and the
defendant has failed to enter appearance after the period prescribed in the summons for
entering appearance, the plaintiff shall set down the case for judgment on an appropriate day
specified in these rules relating to set down of unopposed matters, without notice to the
defendant, and whereupon, subject to rule 25, the court may grant judgment or make such
order as it considers the plaintiff is entitled to upon the summons and declaration:
provided that each application for default judgment shall be
accompanied by a brief statement of the reasons why the defendant has
been barred and why the matter is being set down on the unopposed
roll.
 Appearance entered but defendant barred for default of plea
(2) In cases where the plaintiff’s claim is not for a debt or liquidated demand only or where it is
for a debt or liquidated demand only but argument in relation to any aspect of the suit is
considered necessary, and the defendant has failed to enter appearance to defend within the
period specified in the summons for entering appearance or, having entered appearance, has
been duly barred in default of plea, the plaintiff may without notice to the defendant set down
the case for judgment on an appropriate day specified in these rules relating to set down of
unopposed matters, and whereupon, subject to rule 25, the court may grant judgment or make
such order as it considers the plaintiff is entitled to upon the summons and declaration:

provided that each application for default judgment shall be

accompanied by a brief statement of the reasons why the defendant has
been barred and why the matter is being set down on the unopposed
roll.
(3) The provisions of this rule do not apply to matrimonial cases.

Party in default at trial

Rule 24 is be repealed.
When court may enter judgment without hearing evidence

24. (1) The court may grant judgment or make an order under rule 22, 23 or 56(3) without
hearing any evidence, except in actions where the claim is for damages, in which case
evidence as to quantum only shall be adduced:
Provided that, in such actions for damages, if not later than ten o’clock in the morning:—
(a) on the Friday immediately preceding the Wednesday on which the case is set down for
hearing, where the case is set down for hearing in Harare;
(b) on the Monday immediately preceding the Thursday on which the case is set down for
hearing, where the case is set down for hearing in Bulawayo, Masvingo or Mutare or any
other station where the High Court is situated;
(c) the plaintiff or plaintiff in reconvention files with the registrar an affidavit setting out
evidence as to quantum, the court may enter judgment relying on evidence in the
affidavit.
(2) A judgment that has been entered in default–
(a) shall be served upon the defendant as soon as reasonably possible after it has been
granted even where the plaintiff does not execute it; and
(b) shall not be executed upon unless paragraph (a) has been complied
with.
Dismissal of action where plaintiff is barred
25. Where the plaintiff has been duly barred in terms of these rules, the defendant may, without
notice to the plaintiff, make a chamber application to dismiss the action for want of
 prosecution, and the judge may order the action to be dismissed with costs, or make such
other order on such terms as the judge thinks fit.
Court may set aside judgment given in default
26. (1) A party against whom judgment has been given in default, whether under these rules or
under any other law, may make a court application not later than one month after he has had
knowledge of the judgment for the judgment to be set aside
(2) If the court is satisfied on an application in terms of subrule (1) that there is good and
sufficient cause to do so, the court may set aside the judgment concerned and give leave to the
defendant to defend or to the plaintiff to prosecute the action or application, on such terms as to
costs and otherwise as the court considers just.
Setting aside of default judgment by consent
27. (1) Where judgment has been given in default, whether under these rules or under any other
law, and all the parties to the proceedings jointly file a consent to the rescission of the
judgment, the registrar shall forthwith lay the papers before a judge who may set aside the
judgment and make such other order in accordance with the consent as may be appropriate.
(2) In a consent filed under subrule (1) the parties may agree on—
(a) the filing of further affidavits or further pleadings, as the case may be; and
(b) the time within which anything is to be done; and
(c) the payment of costs; and
(d) any other matter which the parties consider to be necessary or desirable to ensure the
expeditious and just resolution of the proceedings.
Correction, variation and rescission of judgments and orders
28. (1) The court or a judge may, in addition to any other powers it or he or she may have, on its
own initiative or upon the application of any affected party, correct, rescind or vary—
(a) an order or judgment erroneously sought or erroneously granted in the absence of any
party affected thereby; or
(b) an order or judgment in which there is an ambiguity or a patent error or omission, but
only to the extent of such ambiguity, error or omission; or
(c) an order or judgment granted as a result of a mistake common to the parties.
(2) Any party desiring any relief under this rule may make a court application on notice to all
parties whose interests may be affected by any variation sought, within one month after
becoming aware of the existence of the order or judgment.
(3) The court or a judge shall not make any order correcting, rescinding or varying an order of
judgment unless satisfied that all parties whose interests may be affected have notice of the order
proposed.
Summary judgment
29. (1) Where the defendant has entered appearance to defend, the plaintiff may, at any time
before a pretrial conference is held, make a court application in terms of this rule for the
court to enter summary judgment for what is claimed in the summons and costs.
(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 or her belief there is no
genuine and sincere defence to the action and that appearance to defend has been entered solely
for purposes of delay.
(3) A deponent may attach to his or her founding affidavit filed in terms of subrule (2)
documents which verify the cause of action or his belief that there is no genuine and sincere
defence to the action.
(4) The rules relating to the form and service of the application and any opposition to it shall
apply.

Courses open to defendant at hearing of application

(5) Upon the hearing of an application for summary judgment the defendant may—
(a) give security to the plaintiff to the satisfaction of the registrar to satisfy any judgment
which may be given against him or her in the action; or
(b) satisfy the court by affidavit or, with the leave of the court, by oral evidence of himself or
herself or any other person who can swear positively to the facts that he or she has a
genuine and sincere defence to the action and such affidavit or evidence shall disclose
fully the nature and grounds of the defence and the material facts relied upon by the
defendant.
(6) A person who—
(a) deposes to an affidavit filed in terms of subrule (5)(b); or
(b) gives oral evidence in terms of that subrule;
may attach to his or her affidavit or produce in the course of the evidence, as the case may be,
documents which verify the defendant’s defence to the action.

Limitations as to evidence at hearing of application

(7) No evidence may be adduced by the plaintiff otherwise than by the affidavit of which a copy
was delivered with the notice, nor may either party cross-examine any person who gives
evidence viva voce or by affidavit:
Provided that the court may do one or more of the following—
(a) permit evidence to be led in respect of any reduction of the plaintiff’s claim;
(b) put to any person who gives oral evidence questions—
(i) to elucidate what the defence is; or
(ii) to determine whether, at the time the application was instituted, the plaintiff was
or ought to have been aware of the defence;
(c) permit the plaintiff to supplement his or her affidavit with a further affidavit dealing with
either or both of the following—
(i) any matter arising by the defendant which the plaintiff could not reasonably be
expected to have dealt with in his or her first affidavit; or
(ii) the question whether, at the time the application was instituted, the plaintiff was
or should have been aware of the defence.
When court may enter summary judgment
(8) If the defendant does not find security or satisfy the court as provided for in subrule (5) the
court may enter summary judgment for the plaintiff and thereupon the plaintiff may sue out of
the office of the registrar a writ or process of execution in terms of any rule of court.

Other orders which the court may make

(9) If at the hearing of an application made in terms of this rule it appears—
(a) that the defendant is entitled to defend and any other defendant is not so entitled; or
(b) that the defendant is entitled to defend as to part of the claim, the court shall—
(i) grant leave to defend to a defendant so entitled thereto and give judgment against
the defendant not so entitled; or
(ii) grant leave to defend to the defendant as to a part of the claim and enter judgment
against the defendant as to the balance of the claim, unless such balance has been
paid to the plaintiff; or
(iii) make both orders mentioned in subparagraphs (i) and (ii).
When court will give leave to defend
(10) If the defendant finds security or satisfies the court as provided for in subrule (5), the court
shall give leave to defend and the action shall proceed as if no application for summary judgment
had been made.

Court may give leave to defend unconditionally or on terms

(11) Leave to defend may be given unconditionally, or subject to such terms as to giving security
or time or mode of trial or otherwise as the court may think fit and where leave to defend is
given, and the defendant has not already pleaded, the time within which the defendant must so
plead shall run from the date of such leave, subject to any terms which the court may impose
under this subrule.

Costs of applications for summary judgment

(12) The court may at the hearing of such application make such order as to costs as it considers
fit:
Provided that where—
(a) the plaintiff makes an application under this rule, and the case is not within this rule;
or
(b) in the opinion of the court, the plaintiff knew that the defendant relied on a contention
which would entitle him or her to unconditional leave to defend;
the court may order that the action be stayed until the plaintiff has paid the defendant’s costs, and
may further order that such costs be taxed as between legal practitioner and client.
(13) In any case in which summary judgment was refused and in which the court after trial gives
judgment for the plaintiff substantially prayed, and the court finds that summary judgment ought
to have been granted had the defendant not raised a defence which in its opinion was
unreasonable, the court may order the plaintiff’s costs of action to be taxed as between legal
practitioner and client.
 PART IV
INTERLOCUTORY APPLICATIONS AND ANCILLARY MATTERS
Application for dismissal of action
30. (1) Where a defendant has filed a plea, he or she may make a court application for the
dismissal of the action on the ground that it is frivolous or vexatious and such application
shall be supported by affidavit made by the defendant or a person who can swear positively
to the facts or averments set out therein, stating that in his or her belief the action is frivolous
or vexatious and setting out the grounds for such belief and a deponent may attach to his or
her affidavit documents which verify his or her belief that the action is frivolous or
vexatious.
(2) In determining an application referred to in subrule 1, the court may—
(a) grant or dismiss the application;
(b) make such other order as it deems fit;
(c) and in any event, the court may make such order as to costs as it shall
deem fit in the circumstances.
(2 Where on the hearing of an application made under this rule in a case in which there is more
than one defendant, it appears that as against one defendant, the action is frivolous or vexatious,
but it does not so appear as against another defendant, the court may order that as against one
defendant the action be dismissed with costs be entered, but that against another defendant the
plaintiff, be at liberty to proceed with the action.
(3) Where the defendant has filed a plea, and the plaintiff has not, after one month of the
service of such plea, taken any further steps to prosecute the action, the defendant may,
on notice to the plaintiff, make a court application for the dismissal of the action for
want of prosecution and such application shall be supported by affidavit made by the
defendant or a person who can swear positively to the facts or averments set out therein,
setting out the grounds for seeking that relief and on hearing an application the court may
either grant the application.
NB Numbering of the rules need renumbering in the new rules 30 will be now 31in the new
rules.
Joinder of parties
32 (1) Subject to subrule (5), any number of persons, each of whom has a claim or application,
whether jointly, jointly and severally, separately or in the alternative, may join as plaintiffs or
applicants in one action or application against the same defendant/defendants or
respondent/respondents, whether in convention or in reconvention
where—
(a) if separate actions or applications were brought by or against each of them, as the case may
be, some common question of law or fact would arise in all the actions or applications and
(b) all rights to the relief claimed in the action or application, whether they are joint, several or
alternative, are in respect of or arise out of the same transaction or series of transactions.
(2) In any action or application in which any parties have been joined under this rule, the court
may—
a. grant or dismiss the application or claim.
b. make such other order as it deems fit;
c. and in any event, the court may make such order as to costs as it shall deem fit in the
circumstances:
Provided that, without limiting the discretion of the court in any way, the court may order that
any party who is unsuccessful shall be liable to any other party for any costs occasioned by his or
her joining in the action as plaintiff.

Joinder of causes of action

(3) A plaintiff or applicant may join several causes of action in the same action or application.
(4) In any action or application in which any causes of action have been joined in accordance
with this rule, at the conclusion of the trial, the court may—
a. grant or dismiss the claim;
b. make such other order as it deems fit;
c. and in any event, the court may make such order as to costs as it shall deem fit in
the circumstances:
Provided that, without limiting the discretion of the court in any way, the court may order that
any plaintiff or applicant who is unsuccessful shall be liable to any other party, whether
plaintiff/respondent or defendant/respondent, for any costs occasioned by his or her joining in
the action or application as plaintiff or applicant .

Liability for costs in matters of joinder of parties and causes of action

(5) If judgment is given in favour of any defendant or respondent or if any defendant or
respondent is absolved from the instance, the court may order—
(a) the plaintiff or applicant to pay the defendant or respondent’s costs; or
(b) the unsuccessful defendants or respondents to pay the costs of the successful defendant or
respondent, jointly and severally, the one paying the other to be absolved; and
(c) that if one of the unsuccessful defendants or respondents pays more than his or her
proportional rate share of the costs of the successful defendant or respondent, he or she shall be
entitled to recover from the other unsuccessful defendants or respondents, the proportional rate
share of such excess; and
(d) that if the successful defendant or respondent is unable to recover the whole or any part of his
or her costs from the unsuccessful defendants or respondents, he or she shall be entitled to
recover from the plaintiff or applicant such part of his or her costs as cannot be recovered from
the unsuccessful defendants or respondents.
(6) If judgment is given in favour of the plaintiff or applicant against more than one of the
defendants, the court may order—
(a) those defendants or respondents against whom it gives judgment to pay the plaintiff's costs
jointly and severally, the one paying the other to be absolved and
(b) that if one of the unsuccessful defendants or respondents pays more than his or her
proportional rate share of the costs of the plaintiff or application, he or she shall be entitled to
recover from the other unsuccessful defendants or respondents in their proportional rate share of
such excess.

Separation of causes of action

(7 ) Where there has been a joinder of causes of action, the court may—
(a) on application by any party at any time or where there is consent between or among parties,
order that separate trials be held either in respect of some or all the causes of action or some or
all of the parties, as the case may be if it appears to the court that the joinder may embarrass or
delay the trial or is otherwise inconvenient.
(b) on application by any party against whom a claim in reconvention is made if it appears that
the subject matter of such claim ought, for any reason, to be disposed of by a separate action or
where there is consent between or among parties, order the claim in reconvention to be tried
separately or
(c) make such order as may appear expedient.

Joinder where validity of law is challenged

33. (1) Where in any proceedings before the court, the validity of a law is challenged, whether in
whole or in part and whether on constitutional grounds or not, the party challenging the
validity of the law shall join the responsible Minister, the Attorney General and
where appropriate the enacting Authority responsible for the administration of the
law in the proceedings.
(2) Where a challenge referred to in subrule (1) is made against a rule of court, the party
challenging the rule shall, in addition to serving the challenge upon the responsible Minister
or Executive at the time when the challenge is made, also serve the Judicial Service
 Commission, a notice setting out the basis of the challenge, together with copies of all
documents in which the challenge is referred to.

Consolidation of matters
34. (1) Where separate actions have been instituted and it appears to the court convenient to do
so, it may upon the application of any party thereto and after notice to all interested parties,
make an order consolidating such actions, whereupon—
(a) the said actions shall proceed as one action;
(b) the provisions of rule 32(25) shall with the necessary changes apply with regard to the
action so consolidated; and
(c) the court may make any order which it considers fit with regard to the further procedure,
and may give one judgment disposing of all matters in dispute in the said actions.
(2) This rule shall apply with the necessary changes to applications,
reviews and appeal proceedings.
Third-party procedure

Grounds on which defendant may apply by notice to join third party in action
35. (1) A defendant who has entered appearance to defend in any
action and who claims against any other person, not already a party to
the action in this rule called a “third party” –

(a) that he or she is entitled, in respect of any relief claimed against

him or her, to a contribution or indemnity from such third party; or
(b) that he or she is entitled to any relief or remedy relating to or
connected with the original subject matter of the action and
substantially, the same relief or remedy claimed by the plaintiff
from such third party; 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
which has arisen or will arise between the plaintiff and him or her,
and should properly be determined, not only as between the
plaintiff and him or her, but as between the plaintiff, the defendant
and the third party or between any or either of them;
Such defendant may make a court application to join that person as a
third party to the action.
Content and service of application and other documents
 (2) The application referred to in subrule (1) shall state the nature
and grounds of the claim or the nature of the question or issue
sought to be determined, and the nature and extent of any relief
or remedy claimed and shall be accompanied by a copy of the
proceeding setting out the claim against the third party and shall
be served on the third party and all other parties to the action.

(3) The application referred to in subrule (1) shall, unless otherwise ordered by a judge, be
served within the time limited for filing the plea, or where the application is served by a
defendant to a claim in reconvention, the plea thereto, and with it there shall be served upon the
third party a copy of the summons and of any pleadings filed in the action.
(4) Where the defendant has failed to make the application within the time provided for in
subrule (3) he or she shall seek the leave of the court to make such application.

Powers of court on hearing application

(5) The court hearing the application may—
(a) give the third party liberty—
(i) to defend the action either alone or jointly with the original defendant, upon such
terms as may be just; or
(ii) to appear at the trial and take such part therein as may be just;
(b) generally—
(i) order such proceedings to be taken, pleadings to be filed or documents to be
delivered, or amendments to be made; and
(ii) give such directions as to the court appears proper for having the question and the
rights and liabilities of the parties most conveniently determined and enforced,
and as to the mode and extent in or to which the third party shall be bound and
made liable by the decision or judgment in the action.
Judgment or order which court may give
(6) Where the third party has been given liberty to defend the action, he or she may plead or
except to the action as if he or she were a defendant to the action.
(7) Where the action is tried, the court may, at or after the trial, enter such judgment as the nature
of the case may require for or against the defendant who has applied for joinder of the third
party, against or for the third party, and may grant to the defendant or to the third party any relief
or remedy which might properly be granted if the third party had been made a defendant to an
action duly instituted against him or her by the defendant:
Provided that execution against the third part shall not be issued without leave of the court until
after satisfaction by the defendant of any judgment given against him or her in the action.
(8) Where the action is decided otherwise than by trial, the court may, on notice of set down
given by the defendant or the third party, make such order as the nature of the case may require,
and, where the defendant has satisfied any judgment given in favour of the plaintiff, may order
such judgment as may be just to be entered for or against the defendant seeking joinder against
or for the third party.

Costs as between third party and other parties

(9) The court may decide all questions of costs as between a third party and other parties to the
action, and may order any one or more of them to pay the costs of any other, or others, or give
such direction as to costs as the justice of the case may require.

Claims and issues between a defendant and another defendant

(10) Where a defendant claims against another defendant—
(a) that he or she is entitled to contribution or indemnity;
(b) that he or she is entitled to any relief or remedy relating to or connected with the
original subject matter of the action and substantially the same as some relief or
remedy claimed by the plaintiff; 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;
the defendant making the claim may issue and serve on such other defendant a notice making
such claim or specifying such question or issue, and if he or she does so shall apply for
directions in terms of the rules providing for applications for directions.
(11) On such application the court or judge may exercise any of the powers with the necessary
changes contained in subrule (5).
(12) If the court or judge orders that the issue between the two defendants be determined in the
action, then as between the two defendants, the provisions of subrules (7) to (10) shall apply with
the necessary changes.
(13) Nothing contained in this rule shall prejudice the rights of the plaintiff against any
defendant to the action.

PART V
PLEADINGS GENERALLY

Form and contents of pleadings

36 (1) Every pleading shall—
(a) Shall be legibly typed in A4 size format; and
(b) state the title of the action describing the parties thereto, the case number assigned
thereto by the registrar at the head:
 Provided that where the parties are numerous or the title lengthy and abbreviation is
reasonably possible, it shall be so abbreviated; and
(c ) give the description of the pleading; and

(d) contain a clear and concise statement of the material facts upon which the party
pleading relies for his or her claim or defence or answer to any pleading, as the case
may be, with sufficient particularity to enable the opposite party to reply thereto, but
not the evidence by which they are to be proved; and
(e) be divided into paragraphs (including sub-paragraphs) which shall be consecutively
numbered with each paragraph containing wherever possible a separate averment; and
(f) have each page, including every document annexed to it, numbered consecutively; and
(g) be signed by the party concerned or by his or her legal practitioner;
(h) give the party’s address for service and electronic mail address, if any.
Filing of pleadings and delivery of copy
(2) Every pleading shall be filed electronically with the registrar, except in the cases provided for
by these rules.
(4) After filing the pleadings as provided in subrule ( 2) above, the party filing such shall
electronically serve the copy of such pleadings on the other party or parties to the action
or application within the dies induciae as provided for in terms of the relevant rules

Documents to be filed with pleadings

(4) Where by any law a certificate or other document is required to be attached to or filed with
any pleading, it shall be sufficient to attach or file a photocopy or facsimile of the certificate or
document:
Provided that the original certificate or document shall be produced at the trial or at any other
stage if the court or a judge requires the party concerned to do so.
Certain matters of fact not required to be pleaded unless denied
(5) Neither party shall, in any pleading, allege any matter of fact which the law presumes in his
or her favour or as to which the burden of proof lies upon the other side, unless the same has first
been specifically denied.
Pleading: relying on a contract
(6) A party who, in a pleading, relies on a contract shall state whether the contract is written or
oral and when, where and by whom it was concluded, and where the contract is written, a true
copy thereof or of the part relied on in the pleading shall be annexed to the pleading.
(7) It shall not be necessary in any pleading to state the circumstances from which an implied
The term can be inferred.
Particulars required
(8) In all cases, the party shall state the full particulars and cause of action for each claim,
whether under the action or application procedure.

Material contents of a document relied on

(8) Whenever the contents of a document are material, it shall be sufficient in a pleading to
state the effect thereof as briefly as possible, without setting out the whole or any part thereof,
unless the precise words of the document or any part thereof are material.
Suing for damages
(9) A plaintiff suing for damages shall set them out in such a manner as will enable the
The defendant reasonably assesses the quantum of such damages:
Provided that a plaintiff suing for damages for personal injury shall specify his or her date of
birth, the nature and extent of the injuries, and the nature, effects and duration of the disability
alleged to give rise to such damages, and shall as far as practicable state separately what amount,
if any, is claimed for—
(a) medical costs and hospital and other similar expenses and how these costs and expenses
are made up;
(b) pain and suffering, stating whether temporary or permanent and which injuries caused
it;
(c) disability in respect of—
(i) the earnings of income (stating the earnings lost to date and how the amount is made
up and the estimated future loss and the nature of the work the plaintiff will in future
be able to do);
(ii) the enjoyment of amenities of life (giving particulars);
and stating whether the disability concerned is temporary or permanent;
(d) disfigurement, with a full description thereof and stating whether it is temporary or
permanent; and
(e) loss of amenities of life, or any other loss that is being claimed for.
(10) A plaintiff suing for damages resulting from the death of another shall state the date of
birth of the deceased as well as that of any person claiming damages as a result of the death.
(11) The defendant or plaintiff, as the case may be, shall raise by his or her pleading all matters
which show the action or claim in reconvention is not to be maintainable or that the transaction
is either void or voidable in point of law, and all such grounds of defence or reply, as the case
may be, as if not raised, would be likely to take the opposite party by surprise or would raise
issues of fact not arising out of the preceding pleadings.
(12) Except as provided for in rule 37(8), every allegation in a declaration or
claim in reconvention shall be dealt with by the opposite party, who may
admit or deny every allegation or state that he or she has no knowledge concerning it, or
confess and avoid it, and every allegation not so dealt with shall be taken to
be admitted.
(13) Any condition precedent, the performance or occurrence of which is intended to be
contested, shall be distinctly specified in his or her pleading by the case may be, and, subject
thereto, an averment of the performance or occurrence of all conditions precedent necessary for
the case of the plaintiff or defendant shall be implied in his or her pleading.
Denial of allegation of fact
(14) When a party in a pleading denies an allegation of fact in the previous pleading of the
opposite party, he or she shall not do so evasively, but shall answer the point of substance.
Bare denial of contract, promise or agreement
(15) When a contract, promise or agreement is alleged in any pleading, a bare denial of the
same by the opposite party shall be construed only as a denial in fact, of the express contract,
promise or agreement alleged or of the matters of fact from which the same may be implied by
law, and not as a denial of the legality or sufficiency in law of such contract, promise or
agreement.
Raising new grounds of claim
(16) 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 or hers.
No technical objection to pleading
(17) No technical objection shall be raised to any pleading on the ground of any alleged want
of form.
Failure to comply with rules
(18) If a party fails to comply with any of the provisions of this rule, and such irregularity is
brought to the attention of that party by the other party, and the former fails to rectify the defect
within five days of such notification, the other party shall be entitled to apply to the court to set
aside the pleading in question.

Plea

Contents of a plea
37 (1) The defendant’s answer to the plaintiff’s declaration shall be called his or her plea,
and it shall set forth concisely the nature of his or her defence, and deal with the
allegations in the declaration as provided for in subrule 11 to 18) of Rule36.
Reliance on several distinct grounds of defence
(2) Where the defendant relies upon several distinct grounds of defence or set-off founded upon
separate and distinct facts, they shall be stated as far as may be possible separately and distinctly.

Time for plea to be filed

(3) Where the defendant has delivered notice of appearance to defend, he or she may, subject to
rule 39, within ten days after filing such appearance, deliver a plea with or without a claim in
reconvention, or an exception with or without application to strike out or special plea.

Admittance, denial or confession and avoidance of material facts alleged

(4) The defendant shall in his or her plea either admit or deny or confess and avoid all the
material facts alleged in the combined summons or declaration or state which of the said facts
are not admitted and to what extent, and shall clearly and concisely state all material facts upon
which he or she relies.

Allegation of facts not denied or admitted in plea

(5) Every allegation of fact in the combined summons and declaration which is not stated in the
plea to be denied or to be admitted, shall be deemed to be admitted and where any explanation or
qualification of any denial is necessary, it shall be stated in the plea.

Requests with regard to claim in reconvention to be referenced in plea

(6) If by reason of any claim in reconvention, the defendant claims that on the giving of
judgment on such claim, the plaintiff’s claim will be extinguished either in whole or in part, the
defendant may in his or her plea refer to the fact of such claim in reconvention and request, that
judgment in respect of the claim or any portion of it which would be extinguished by such claim
in reconvention, be postponed until judgment on the claim in reconvention.
(7) Where a request has been made in the plea in terms of subrule (6) judgment on the claim
shall, either in whole or in part, be postponed unless the court, upon the application of any
interested party, otherwise orders.
 Denial or defence not necessary as to damages claimed or amount
(8) 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.

Extra costs occasioned by denial or failure to admit facts

(9) Where the court is of the opinion that any allegation of fact denied or not admitted by the
defendant ought to have been admitted the court may make such order as shall be justified with
respect to any extra costs occasioned by their having been denied or not admitted.

Claim in reconvention
38(1) A defendant who counterclaims shall, together with his or her plea, deliver a claim in
reconvention setting out the material facts thereof in accordance with rules 13 and 36.
Provided that at a later stage, with the consent of the plaintiff or if no such consent is given, with
the leave of the court, a claim in reconvention may be filed and delivered.

Form and contents of claim in reconvention

(2) The claim in reconvention shall be set out either in a separate document or in a portion of the
document containing the plea, but headed ‘Claim in Reconvention’ and it shall not be necessary
to repeat therein the names or descriptions of the parties to the proceedings in convention.
(3) The claim in reconvention may set out any right or claim the defendant in an action may have
against the plaintiff and such claim in reconvention shall have the same effect as a cross-action,
enabling the court to pronounce a final judgment in the same action both on the original claim
and on the claim in reconvention.
(4) Where a defendant establishes a counterclaim against the claim of the plaintiff and there is a
balance in favour of one of the parties, the court may give judgment for the balance, so, however,
that this provision shall not be taken as affecting the court’s discretion with respect to costs.

Contents of claim in reconvention

(5) A claim in reconvention may incorporate the facts and allegations already set forth in the
plea, or in the declaration and admitted in the plea, by reference to the relevant paragraphs of the
plea or declaration as the case may be.

Procedure when action of plaintiff is stayed, discontinued or dismissed

(6) If, in any case in which the defendant sets up a claim in reconvention, the action of the
plaintiff is stayed, discontinued or dismissed, the claim in reconvention may nevertheless be
proceeded with.
(7) Where the defendant who has filed a claim in reconvention makes default at the trial, the
plaintiff shall be entitled to an order of absolution from the instance in respect of the claim in
reconvention.

Leave to counterclaim by defendant

(8) If the defendant is entitled to take action against any other person and the plaintiff, whether
jointly, jointly and severally, separately or in the alternative, he or she may with the leave of the
court proceed in such action by way of a claim in reconvention against the plaintiff and such
other persons, in such manner and on such terms as the court may direct.
(9) A defendant who has been given leave to counter claim in terms of subrule (8) shall add to
the title of his or her plea a further title corresponding with what would be the title of any action
instituted against the parties against whom he or she makes claim in reconvention, and all further
pleadings in the action shall bear such title subject to the proviso to rule 36(1)(b).

Conditional counter claim

(10) A defendant may counterclaim conditionally upon the claim or defence in the convention.

(11) If the defendant fails to comply with any of the provisions of this rule, the claim in
reconvention shall be deemed to be irregular, and the other party shall be entitled to act in
accordance with these rules providing for action against the irregularity.
Procedure for barring

Notice of intention to bar

39. (1) A party shall be entitled to give five days’ notice of intention to bar to any other party to
the action who has failed to file his or her plea or request for further particulars within the
time prescribed in these rules and shall do so by delivering a notice in Form No. 8 at the
address for service of the party in default.
Procedure for barring
(2) 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 and for purposes of this
subrule, the endorsement on Form No. 8 shall be duly completed before filing and it shall be
signed by the party who has given the notice or his or her legal practitioner.

Withdrawal of bar by party

(3) A party who has barred his or her opponent may withdraw such bar by filing a notice with the
registrar in Form No. 9. In which case the party barred shall file his/her plea or any other answer
to the claim other than a claim for request for further particulars within 3 days of such
withdrawal.

Operation of a bar
(4) While a bar is in operation—
(a) the registrar shall not accept for filing any pleading or other document from the party
barred; and
(b) the party barred shall not be permitted to appear personally or by legal practitioner in any
subsequent proceedings in the action or suit;
except for purposes of applying for the removal of the bar.
 Application for removal of bar
(5) A party who has been barred may—

(a) make a chamber application to remove the bar; or

(b) make an oral application at the hearing, if any, of the action or suit concerned;
and the judge or court may allow the application on such terms as to costs and otherwise as the
judge or court , as the case may be, considers fit.

Consequences of removal or withdrawal of bar

(6) The withdrawal or removal of a bar shall not preclude a subsequent bar for a subsequent
default.
Replication and plea in reconvention

Time to file replication

40. (1) Within ten (10) days after service upon him or her of a plea and subject to subrule (2), the
plaintiff shall where necessary file a reply thereto to be called the plaintiff’s replication
which shall comply with rule 37.
(2) No replication or subsequent pleading which would be a mere joinder of issue or bare denial
of allegations in the previous pleading shall be necessary and issue shall be deemed to be joined
and pleadings closed in terms of rule 44.
(3) Where a party’s only answer to a plea or to any subsequent pleading is a joinder of issue, he
or she shall by letter notify his or her opponent of that fact within ten (10) days of the delivery to
him of the last pleading filed and such joinder of issue shall operate as a denial of every material
allegation of fact in the pleading upon which issue is joined except those facts the party is
willing to admit.

Costs to be allowed on taxation

(4) The costs of any such letter and of any matters incidental to it, including any necessary
conference with a legal practitioner, shall be allowed on taxation.

Confession and avoidance to allegations in plea

(5) Where the plaintiff desires to meet the allegations in the plea by confession and avoidance he
or she must do so in a replication, and he or she must raise by his or her replication all such
grounds of reply to the plea as, if not raised, would be likely to take the defendant by surprise, or
would raise issues of fact not arising out of the preceding pleadings and in the replication the
plaintiff shall admit such allegations in the plea as he is willing to admit with a view to saving
expense at trial.

Plaintiff’s plea-claim in reconvention

(6) The plaintiff’s answer to a claim in reconvention shall be called “the plaintiff’s plea-claim in
reconvention” and shall be governed with the necessary changes by the rules relating to a plea
and it shall be bound with the plaintiff’s replication.
 Defendant’s Replication Claim in Reconvention
(7) 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 with the necessary changes be
observed in regard to it.

Rejoinder
(8) Where an answer to allegations in a replication is made it shall be called a Rejoinder and
shall be filed within ten (10) days of the service of the replication which it answers.

(9) [The subrule was repealed by S.I. … of 2023]

Amendment of pleadings and matters arising pending action

Notice of intention to amend pleadings

41. (1) Any party wishing to amend a pleading other than a sworn statement, filed in connection
with any proceedings shall, notify all other parties of his or her intention to amend and shall
furnish particulars of the amendment.
(2) The notice referred to in subrule (1) shall state that unless written objection to the proposed
amendment is filed and delivered within ten days of delivery of the notice, the amendment will
be effected.

Objection to proposed amendment

(3) An objection to a proposed amendment shall state clearly and concisely the grounds upon
which the objection is based.

Application for leave to amend

(4) If an objection which complies with subrule (3) is filed within the period set out in subrule
(2), the party desiring to amend may, within ten days, lodge an application for leave to amend.

Effecting amendment where no objection

(5) Where no objection contemplated in subrule (4) is filed, every party who received notice of
the proposed amendment shall be deemed to have consented to the amendment and the party
who gave notice of the proposed amendment may, within ten days after the expiration of the
period mentioned in subrule (2) effect the amendment as contemplated in subrule (7).

Time within to effect amendment

(6) Unless the court otherwise directs, an amendment authorised by an order of the court may not
be effected later than 10 days after such authorisation.

Form of amendment
(7) Unless the court otherwise directs, a party who is entitled to amend shall effect the
amendment by filing each relevant page in its amended form:
Provided that, 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.

Right of party affected by amendment

(8) Any party affected by an amendment may, within twelve days after the amendment has been
effected or within such other period as the court may determine, make any consequential
adjustment to the documents filed by him or her, and may also take the steps contemplated by
rules 43 and 44.

Costs
(9) A party giving notice of amendment in terms of subrule (1) shall, unless the court or judge
otherwise directs, be liable for the costs thereby incurred by any other party.

Amendment of pleadings at any stage of proceedings before judgment

(10) The court or a judge may, notwithstanding anything to the contrary in this rule, at any stage
of the proceedings before judgment, allow either party to alter or amend any pleading or
document, in such manner and on such terms as may be just, and all such amendments shall be
made as may be necessary for the purpose of determining the real question in controversy
between the parties.

Amendment of summons or declaration with leave of the court or judge

(11) A summons or declaration may with the leave of the court or judge be amended to substitute
or to include a cause of action arising after the issue of summons:
Provided that where, in the opinion of the court or a judge, such an amendment does not change
the action into, or add to it, an action of a substantially different character which would more
conveniently be the subject of a fresh action.
(12) A court or judge granting such leave shall fix the times for the defendant’s entry of
appearance to the new cause of action and for the filing of all subsequent pleadings.

Further grounds of defence arising in course of pleadings

(13) Any ground of defence which has arisen after the issue of summons but before the
defendant has delivered his or her plea, may be raised by the defendant in his or her plea, either
alone or together with other grounds of defence.
(14) 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 or her
replication or plea-claim in reconvention, either alone or together with any other ground of reply.
(15) Where any ground of defence arises after the defendant has delivered a plea, the defendant
may within twelve days after such ground of defence has arisen, or at any subsequent time by
leave of the court, file a further plea setting forth the same.
(16) Where any ground of defence to any set-off or claim in reconvention arises after the
plaintiff’s replication or plea – claim in reconvention, the plaintiff may within twelve days after
such ground of defence has arisen, or at any subsequent time by leave of the court, file a further
plea setting forth the same.

Confession of defence arising after commencement of action

(17) Whenever any defendant in his or her plea or in any further plea , alleges any ground of
defence which has arisen after the commencement of the action, the plaintiff may file with the
registrar a confession of such defence and deliver a copy thereof to the defendant, and he shall
thereupon be entitled to tax his or her costs incurred to the time of the pleadings of such defence
and thereafter to make a chamber application for judgment for such taxed costs unless the court
or a judge, either before or after the delivery of such confession otherwise orders.
(18) The confession shall be in Form No. 10.
Exceptions, special pleas, applications to strike out and applications for particulars

Alternatives to pleadings to the merits

42. (1) As an alternative to pleading to the merits, a party may within the period allowed for
filing any subsequent pleading:—
a. take a plea in bar or in abatement where the matter is one of substance which does not
involve going into the merits of the case and which, if allowed, will dispose of the
case;
b. except to the pleading or to single paragraphs thereof if they embody separate causes
of action or defence as the case may be where the pleading is vague and embarrassing
or lacks averments which are necessary to sustain an action or defence, as the case
may be;
c. apply to strike out any paragraphs of the pleading which should properly be struck
out or which contain averments which are scandalous, vexatious, or irrelevant:

Provided that the court shall not grant the application unless it is satisfied that the
applicant may be prejudiced in the conduct of his or her claim or defence if it is not
granted;
d. request for further particulars.
Form
(2) A plea in bar or abatement, exception, application to strike out or application for particulars
shall be in the form of such part of Form No. 11 as may be appropriate with the necessary
changes and a copy thereof filed with the registrar and in the case of an application for
particulars, a copy of the reply received to it shall also be filed.

Complaint by letter before applying to strike out or filing exception

(3) Before filing any exception to a pleading or making a court application to strike out any
portion of a pleading on any grounds, the party complaining of any pleading shall, within the
time allowed for filing a subsequent pleading, by written letter to his or her opponent state the
nature of his or her complaint and call upon the other party to remove the cause of the complaint
within twelve days of the complaint.

Costs of letter shall be allowed on taxation

(4) The costs of any such necessary letter and any matters incidental to it, including any
necessary conferences with another legal practitioner, shall be allowable on taxation.
(5) In dealing with the costs of any motion to strike out or of any exception, the provisions of
this rule shall be taken into consideration by the court.

Grounds for exception, plea in bar or abatement to be clearly and concisely

stated
(6) Wherever an exception or plea in bar or abatement is taken to any pleading the grounds upon
which it is founded shall be clearly and concisely stated and a party shall state all his or her
exceptions, special pleas and make all his or her applications to strike out at one time.

No plea, replication or other pleading necessary until determination for

exception or application to strike out is made
(7) Wherever any exception is taken to any pleading or an application to strike out is made, until
it has been determined, no plea, replication or other pleading shall be necessary except as
provided for in subrule (8).

Filing of heads of argument for exception, special plea or application to strike

out
(8) A party filing an exception, special plea or an application to strike out who
is legally represented shall be required to file heads of argument in support of
the exception, special plea or application to strike out provided that in the
case of a special plea, heads of argument shall only be filed upon the
conclusion of hearing of evidence in the special plea.
(9) Where the other party is represented by a legal practitioner, he or she within ten days of
receipt of the exception, special plea or application to strike out and the heads of argument
accompanying it, file his or her replication and heads of argument and whereupon, the registrar
shall give such party a set down date within a month from the date of filing.

Power of court in relation to pleadings

(10) At any stage of the proceedings the court may—
a. order to be struck out or amended—
(i) any argumentative or irrelevant or superfluous matter stated in any pleading;
(ii) any evasive or vague and embarrassing or inconsistent and contradictory matter stated in
any pleading;
(iii) any matter stated in any pleading which may tend to prejudice, embarrass or delay
the fair trial of the action;
 b. order either party to furnish a further and better statement of the nature of his or
her claim or defence, or further and better particulars of any matter stated in any
pleading, notice or written proceeding requiring particulars.
No request for further particulars upon receipt of notice of intention to bar
(11) Upon receipt of a notice of intention to bar a party shall within 5 (five)
days file a plea or other answer to the pleading and shall not request further
particulars.
Request for further particulars after close of pleadings
(12) After the close of pleadings, any party may, not less than ten days before trial, deliver a
notice in accordance with Form No. 12 requesting only such further particulars as are strictly
necessary to enable him or her to prepare for trial and the party so requested shall reply thereto
within ten days of delivery of the notice.

Effect of failure to deliver further particulars timeously or sufficiently

(13) If the party requested to furnish any particulars in terms of subrule (12) fails to deliver them
timeously or sufficiently, the party requesting the same may apply to court for an order for their
delivery or for the dismissal of the action or the striking out of the defence and whereupon the
court may make such order as it considers fit.
Irregular proceedings

Setting aside irregular proceedings

43 (1) A party to a cause in which an irregular pleading has been filed by the other party may
apply to court to set it aside.

Requirements for setting aside

(2) An application in terms of subrule (1) shall be on notice to all parties specifying particulars of
the irregularity or impropriety alleged, and may be made only if—
e. the applicant has not himself or herself taken a further step in the cause with
knowledge of the irregularity;
f. the applicant has, within ten days of becoming aware of the irregularity by written
notice afforded the other party the opportunity of removing the cause of complaint
within ten days;
g. the application is filed within ten days after the expiry of the second period
mentioned in paragraph (b) of this subrule.
Powers of court to set aside
(3) If at the hearing of such application, the court is of the opinion that the proceeding is
irregular or improper, it may set it aside in whole or in part, either as against all the parties or as
against some of them, and grant leave to amend or make any such order as it considers fit.
(4) Until a party has complied with any order of court made against it in terms of this rule, it
shall not take any further step in the cause, save to apply for an extension of time within which to
comply with such order.
Close of pleadings

Circumstances where pleadings considered closed

44. (1) The pleadings shall be considered closed if—
a. one of the parties is barred;
b. either party has joined issue upon any pleading of the opposite party without
alleging any new matter, and without adding any further pleading;
c. the parties agree in writing that the pleadings are closed and such agreement is
filed with the registrar;
d. the last day allowed for filing a replication or subsequent pleading has elapsed
and it has not been filed;
e. the parties are unable to agree as to the close of pleadings, and the judge or court
upon the application of a party declares them closed.

PART VI
MISCELLANEOUS ISSUES BEFORE TRIAL
Offers and tenders in settlement

Written offer to settle claim

45. (1) In any proceedings in which a sum of money is claimed, whether alone or with any
other relief, any person who may be ordered to pay or contribute towards that sum or any
part of it may at any time unconditionally or without prejudice, make a written offer to
settle the whole or any part of the claim.
Requirements for offers to contribute towards a claim
(2) Without derogation from subrule (1), a person who may be ordered to contribute
towards an amount for which any other person may be held liable may either
unconditionally or without prejudice, by way of an offer of settlement—
a. make a written offer to that other person to contribute either a specific sum or in a
specific proportion towards the amount to which the plaintiff may be held entitled in
the proceedings; or
b. give a written indemnity to such other person, the conditions of which shall be set out
in the offer of settlement.

Requirements for a written offer

(3) An offer made in terms of this rule, and any indemnity given in terms of subrule (2),
shall—
(a) be signed by the person making or giving it or by his or her legal practitioner; and
 (b) set out all the terms and conditions under which it is made or given; and
(c) be served on the person to whom it is made or given; and
(d) indicate that it is made in terms of this rule.
(4) In any proceedings in which the performance of some act is claimed, whether alone or
together with any other relief, any person who may be ordered to perform the act may at
any time unconditionally or without prejudice make a written tender to perform such act,
either wholly or in part.

Irrevocable power of attorney in tenders for settlement of claims

(5) Unless such act is such that it can only be performed by the person making the tender,
a person who tenders performance of an act in terms of subrule (4), shall execute and
deliver to the registrar together with the tender, an irrevocable power of attorney
authorising its performance by the person who claims performance.

Requirements for a tender

(6) A tender made in terms of subrule (4) and subrule 5 shall—
(a) be signed by the person making it or by his or her legal practitioner; and
(b) set out all the terms and conditions under which it is made; and
(c) be served on the person to whom it is made; and
(d) indicate that it is made in terms of this rule.
Further requirements for a written notice of an offer or tender
(7) Written notice of an offer or tender in terms of this rule shall be given to all parties to the
proceedings concerned and shall state—
(a) whether or not the offer or tender is made unconditionally or without prejudice; and
(b) whether the offer or tender is made in settlement of both claim and costs or of the claim
only; and
(c) whether or not the offer or tender is accompanied by an offer to pay all or part of the
costs of the party to whom the offer or tender is made and, if so, any conditions subject to
which the costs will be paid.
(8) Where the person making an offer or tender in terms of this rule disclaims liability for the
payment of costs or any part thereof, the notice given in terms of subrule (7) shall state his or
her reasons for such disclaimer.
(9) Within the period prescribed in subrule (10), a person to whom an offer or tender has
been made in terms of this rule may accept it by filing with the registrar a written notice
signed by the person accepting the offer or tender or by his or her legal practitioner.

Limited period for acceptance of an offer or tender

(10) An offer or tender shall not be capable of acceptance more than fifteen days after it was
served on the person to whom it is made, unless—
(a) the person who made the offer or tender gives his or her written consent to its acceptance
after that period; or
 (b) the court, on application, directs that the offer or tender may be accepted after that period,
on such terms and conditions as it considers fit.
Service of notice of acceptance
(11) As soon as possible after filing a notice of acceptance in terms of subrule ( 9), the person
who files it shall serve a copy on the person who made the offer or tender concerned, and shall
file with the registrar proof of such service in accordance with these rules.
(12) Where a power of attorney has been delivered to the registrar in terms of subrule (5) of this
rule, the registrar, after being satisfied that the requirements of this rule have been complied
with, shall forthwith hand it over to the person accepting the tender concerned.

Where offer and tender is silent on costs

(13) 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
(b) accompanied by an offer to pay all the costs of the person to whom the offer or tender is
made;
the person who accepts the offer or tender may make a court application for an order as to
costs, including the costs of the application.

Failure to perform in terms of offer or tender

(14) If a person who has made an offer or tender that has been accepted in terms of subrule (9)
fails to pay or perform in accordance with the offer or tender within ten days of such acceptance
or within such later period as may be specified in the offer or tender, the person who accepted
the offer or tender may make a chamber application, on not less than ten days’ notice, for
judgment in accordance with the offer or tender as well as for the costs of the application.

Offer or tender not to be disclosed before judgment

(15) Where an offer or tender is made in terms of this rule without prejudice:—
(a) it shall be sent to the Registrar electronically and shall not be disclosed to the court at
any time before judgment has been given in the proceedings concerned; and
(b) the registrar shall ensure that, until judgment has been given in the proceedings
concerned, no reference to the offer or tender appears in the electronic system which
contains the papers in the proceedings; and
(c) any party who, in contravention of paragraph (a), discloses to a judge or the court that the
offer or tender has been made shall be liable to have costs awarded against him or her
even if he or she is successful in the proceedings.
(16) The fact that an offer or tender referred to in this rule has been made may be brought to
the notice of the court after judgment has been given in the proceedings concerned as being
relevant to the question of costs.

Court’s discretion in awarding costs

 (17) Where the court has made an order as to costs in any proceedings in ignorance of an
offer or tender made in terms of this rule, the court may reconsider the question of costs
if any party to the proceedings makes a court application within five days for the question
of costs to be reconsidered in light of the offer or tender:
Provided that nothing in this subrule contained shall affect the court’s discretion as to an
award of costs.

Application for directions

46. (1) In any action after pleadings are closed, or by leave of a judge after appearance has
been entered, either party may make a chamber application for directions in respect of
any interlocutory matter on which a decision may be required.
Requirements for an application for directions
(2) The party applying for directions shall in his or her affidavit state the matters in
respect of which he or she intends to ask for directions, and such matters shall, so far as is
necessary and practicable, include generally the procedural steps to be taken in the
action and the costs of the application.
(3) 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 subrule (2).

Notice to be given of intention to apply for directions

(4) A party intending to apply for directions shall, before the hearing, give notice to the
other party or parties to the action of the matters in respect of which he/she intends to ask
for directions.
(5) Upon the hearing of the application the judge shall, as far as practicable, make such
order as may be just as to any matters in respect of which directions were asked.

Applications for directions before closure of pleadings

(6) Where a party desires to make an application for directions after the entry of
appearance but before the close of pleadings, he or she or his or her legal practitioner
may do so by entry in the chamber book stating the grounds on which he or she seeks
leave, and the judge may grant or refuse leave or make such order thereupon as he or she
considers just.

Orders by the court in application for directions

(7) On the hearing of an application under this rule a judge may—
(a) make an order—
(i) that evidence of any particular fact to be specified in his or her order shall be given at
the trial by affidavit; or
(ii) by consent of the parties, dispensing with any of the technical rules of evidence for
the avoidance of expense and delay;
(b) make, in addition, such order or orders as he or she thinks fit for the speedy
determination of the questions really in issue between the parties and for dispensing
with formal pleadings and settling the issues to be tried between the parties.
Conflict of evidence in an application
(8) Where in any application, including an application for provisional sentence or for the
arrest of a person or the attachment of property, there is a conflict of evidence and the matter
cannot be decided without the hearing of oral evidence, the court may—
(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
(ii) dispensing with the oral evidence of any person who has given or may give evidence
upon affidavit;
(c) make such other orders or give such other directions as the court considers are most
conducive to the speedy and in expensive determination of the matters in issue.

Discovery, inspection and production of documents

Requirements for discovery

47.
(1) Upon 10 days of closure of pleadings a plaintiff shall be required to
make discovery on oath of all documents and tape recordings relating to
any matter in question in such cause or matter which are or have at any
time been in the possession or control of such other party, whether such
matter is one arising between the party requiring discovery and the
party required to make discovery or not. Such notice shall not, save
with the leave of a judge, be given before the close of pleadings.
Thereafter the plaintiff shall require the defendant to make discovery
within 10 days of receipt of plaintiffs discovered documents.
Form and Time within which to make discovery
(2) Any party required to make discovery shall within 10 days or within the
time stated in any order of a judge, make discovery of such documents
on affidavit in accordance with Form No. 13 specifying separately—
a. such documents and tape recordings in his or her possession or that of his or her
agent other than the documents and tape recordings mentioned in paragraph (b);
 b. such documents and tape recordings in respect of which he or she has a valid
objection to produce;
c. such documents and tape recordings that he or she or his or her agent had but
have not been in his or her possession to date of the affidavit.
(3) A document shall be deemed to be sufficiently specified if it is described as being one of
a bundle of documents of a special nature which have been consecutively numbered.
Statements of witnesses taken for the purpose of proceedings, communications between
legal practitioner and client, legal practitioner and advocate, pleadings, affidavits and
notices in the action shall be omitted from the schedules.

Notice to avail additional relevant material

(4) If a party believes that there are, in addition to documents and tape recordings as
disclosed aforesaid, documents (including copies thereof) or tape recordings which may
be relevant to any matter in question in the possession of any other party thereto, the
former may give notice to the latter requiring him or her to make the same available for
inspection in accordance with subrule (6) or to state on oath within six days that such
documents or tape recordings are not in his or her possession, in which event he or she
shall, if known to him or her, state their whereabouts.
Consequences of failure to disclose
(5) A document or tape recording not disclosed as aforesaid may not, save with the leave of
the court granted on such terms as to it may seem just, be used for any purpose at the trial
by the party who was obliged but failed to disclose it, but any other party may use such
document or tape recording.
Notice to avail discovered documents for inspection
(6) Where a party has made discovery, any other party may require him or her, by notice in
accordance with Form No. 14, to make available for inspection any documents or tape
recordings he or she has disclosed in terms of subrules (2) and (4) of this rule.
(7) A notice in terms of subrule (6) shall require the party who has discovered the documents
or tape recordings to deliver to the party who wishes to inspect them within five days, a
notice in accordance with Form No. 15 specifying—
(a) subject to subrule (6) a place where the documents or tape recordings may be inspected;
and
(b) a period of not less than five days, beginning not later than three days from the delivery
of the latter notice, during which the documents may be inspected; and
(c) any documents or tape recordings which the party concerned refuses to produce for
inspection;
Place for inspection
(8) The place for such inspection shall be—
(a) if the person called upon is represented by a legal practitioner, the office of that legal
practitioner;
(b) in the case of banker’s books or other books of account or books in constant use for the
purposes of any trade, business or undertaking, their usual place of custody;
 (c) in any other case, some convenient place mentioned in the notice.
(9) The party receiving the latter notice referred to in subrule (7) shall be entitled, during
normal business hours in one or more of the days within the period specified in the
notice, to inspect any documents or tape recordings that are specified in the notice as
being available for inspection and to make copies of same.
Failure to produce documents for inspection
(10) A party’s failure to produce any such document for inspection shall preclude him
or her from using such document at the trial save where the court, on good cause shown,
allows otherwise.
Order compelling discovery or inspection
(11) If a party fails to make discovery under this rule or, having been served with a
notice under subrule (6) fails to give notice of a time for inspection or fails to permit
inspection as required by that subrule, the party desiring discovery or inspection may
make a chamber application for an order compelling such discovery or inspection and the
judge may grant or refuse the order as he considers appropriate.
Order dismissing or striking out defaulting party’s claim
(12) If a party fails to comply with an order made in terms of subrule (11), the party in
whose favour the order was made may make a further chamber application for the
dismissal of the defaulting party’s claim or the striking out of his or her defence, as the
case may be, and the judge may give judgment in default against the defaulting party:
Provided that, in cases where the claim is for damages a judge shall not give judgment in default
unless evidence as to quantum has been adduced either by affidavit or orally in terms of these
rules.

Notice to produce original document or tape recording at hearing

(13) A party may give to any other party who has made discovery of a document or tape
recording notice in accordance with Form No. 16 to produce at the hearing the original document
or tape recording, not being a privileged document, in such party’s possession.
(14) The notice referred to in subrule (13) shall be given not less than three days before the
hearing but may, if the court so allows, be given during the course of the hearing.
(15) If any such notice is so given, the party giving the same may require the party to whom
notice is given to produce the said document or tape recording in court and shall be entitled,
without calling any witness, to hand in the said document or tape recording, which shall be
admissible in evidence to the same extent as if it had been produced in evidence by the party to
whom notice is given.
(16) The court may, during the course of any action or proceedings, order the production by any
party thereto under oath of such documents or tape recordings in his or her power or control
relating to any matter in question in such action or proceedings as the court may think just, and
the court may deal with such documents or tape recordings, when produced, as it considers just.

Consequences for failure to produce any document or tape recordings

(17) If a party, having been served with a notice under subrule (13) or having been ordered to
produce any documents or tape recordings in terms of subrule (16), fails to produce any
document or tape recording as required in terms of the said subrules, the court may dismiss the
claim or strike out the defence and may give judgment in default against that party:
Provided that, in cases where the claim is for damages a judge shall not give judgment in default
unless evidence as to quantum has been adduced either by affidavit or orally in terms of these
rules.

Notice to produce document or tape to make copy or transcription

(18) A party to any cause or matter may at any time before the hearing thereof give a notice in
accordance with Form No. 17 to any other party in whose pleadings or affidavits reference is
made to any document or tape recording to produce such document or tape recording for his or
her inspection within ten days and to permit him or her to make a copy or transcription thereof.

Failure to comply with notice

(19) A party failing to comply with such notice shall not, save with the leave of the court, use
such document or tape recording in such action, or proceeding, but any other party may use such
document or tape recording.

Order compelling production of document or tape

(20) Where a party has failed to comply with a notice under subrule (18) the party desiring
production of the document or tape recording concerned may make a chamber application for an
order compelling its production, and the judge may order compliance with this rule.

Default judgment against defaulting party

(21) If a party fails to comply with an order under subrule (19), the other party may make a
chamber application to dismiss the claim or strike out the defence, as the case may be, and the
judge may give judgment in default against the defaulting party:
Provided that, in cases where the claim is for damages a judge shall not give judgment in default
unless evidence as to quantum has been adduced either by affidavit or orally in terms of these
rules.

Notice to specify particulars to be used at trial

(22) A party to an action or proceeding may, after the close of pleadings ,give notice to any other
party to specify in writing particulars of dates and parties of or to any document or tape
recording intended to be used at the trial of the action on behalf of the party to whom notice is
given.
(23) The party receiving such notice shall, not less than ten (10) days before the date of trial
deliver a notice—
(a) specifying the dates of and parties to and the general nature of any such document or
tape recording which is in his or her possession; or
 (b) specifying such particulars as he or she may have to identify any such document or
tape recording not in his or her possession, at the same time furnishing the name and
address of the person in whose possession such document or tape recordings.
(24) A party failing to comply with subrule (23) shall not, save with the leave of the court, use
such document or tape recording in such action or proceeding, but any other party may use such
document or tape recording.

Notice to admit authenticity of documents or tape recordings at trial

(25) A party proposing to prove documents or tape recordings at a trial may give notice to any
other party requiring him or her within ten days after the receipt of such notice to admit that
those documents or tape recordings were properly executed and are what they purport to be.
(26) If the party receiving the said notice does not, within the said period, so admit, then, as
against such party, the party giving the notice shall be entitled to produce the documents or tape
recordings specified at the trial without proof other than proof (if it is disputed) that the
documents or tape recordings were referred to in the notice and that the notice was duly given.

Claim for an order of privilege for discovery, inspection or production

(27) Where on an application for an order for discovery, inspection or production privilege is
claimed for any documents or tape recording, it shall be lawful for the court or judge to inspect
the document or tape recording for the purpose of deciding on the validity of the claim of
privilege.

Service of an order or notice for discovery, inspection or production

(28) Service of an order or notice for discovery, inspection or production made against a party on
his or her legal practitioner shall be sufficient service.

What constitutes a tape recording

(29) For the purposes of this rule, a tape recording includes a sound track, film, magnetic
material on which visual images, sound or other information can be recorded.

Application of rule to curators ad litem

(30) The application of this rule shall also apply to plaintiffs and defendants who are minors and
to curators ad litem.

Inspection, examination and expert testimony

Submission to medical examination for party claiming damages or

compensation

48. (1) Subject to the provisions of this rule, a party to proceedings in which damages or
compensation in respect of alleged bodily injury is claimed shall have the right to require a
party claiming such damages or compensation, whose state of health is relevant for the
determination thereof, to submit to medical examination.
(2) A party requiring another party to submit to medical examination referred to in subrule
(1) shall deliver a notice specifying the nature of the examination required and—

a. the person or persons by whom;

b. the place being within the jurisdiction where;

c. the date not being less than twelve days from the date of such notice;

d. the time when;

it is desired that such examination shall be conducted and requiring such other party to
submit himself or herself for examination then and there.

Costs connected with medical examination

(3) 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 and such expense
shall be tendered on the scale as if such person were a witness in a civil suit before the
court, subject to the following conditions—

(a) if such other party is immobile, the amount to be paid to him or her shall include the
cost of his or her travelling by motor vehicle and, where required, the reasonable
cost of a person attending upon him or her;

(b) where such other party will actually lose his or her salary, wage or other
remuneration during the period of his or her absence from work, he or she shall in
addition to his or her expenses on the basis of a witness in a civil case be entitled to
receive an amount equal to the salary, wage or other remuneration which he or she
will actually lose;

(c) any amount paid by a party as aforesaid shall be costs in the cause unless the court
otherwise directs.

Nature and grounds of any objection

(4) The person receiving such notice shall, within six days of the service thereof, notify the
person delivering it in writing of the nature and grounds of any objection which he or she
may have in relation to—

(a) the nature of the proposed examination;

 (b) the person or persons by whom the examination is to be conducted;

(c) the place, date or time of the examination;

(d) the amount of the expenses tendered to him or her and shall further—

(i) in the case of his or her objection being to the place, date and time of
the examination furnish an alternative place, date, or time as the case
may be;

(ii) in the case of the objection being to the amount of the expenses
tendered, furnish particulars of such increased amount as may be
required.

Failure to object

(5) If the person receiving the notice fails to deliver such objection within the said period
of six days, he or she shall be deemed to have agreed to the examination upon the terms set
forth by the person giving the notice.

Challenge to objection

(6) If the person giving the notice regards the objection raised by the person receiving it as
invalid in whole or in part, he or she may make a chamber application to determine the
conditions upon which the examination, if any, is to be conducted.

Notice to avail relevant material

(7) Any party to the proceedings may at any time, by notice in writing, require any person
claiming such damages to make available, in so far as he or she is able to do so to such
party within ten days, any medical reports, hospital records, X-ray photographs, or other
documentary information of like nature relevant to the assessment of such damages and to
provide copies thereof upon request.

Request for further medical examination by another doctor

(8) If it appears from any medical examination carried out either by agreement between the
parties or in terms of this rule or by order of a judge, that any further examination by any
other person is necessary or desirable for the purpose of giving full information on matters
relevant to the assessment of such damages, a party may require a second and final medical
examination in accordance with the provisions of this rule.
(9) If a party claims damages resulting from the death of another person, he or she shall
undergo a medical examination as prescribed in this rule if this is requested and if it is
alleged that his or her own state of health is relevant in determining the damages.

Notice to inspect or examine anything relied upon

(10) If it appears that the state or condition of anything 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 twelve 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 or her control to make it available for inspection or
examination in terms of this rule, and may in such notice require him or her 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.

(11) The party called upon to submit such thing for examination may require the party
requesting it to specify the nature of the examination to which it is to be submitted, and
shall not be bound to submit such thing thereto if this will materially prejudice such party
and in the event of any dispute whether such thing should be submitted for examination,
such dispute shall be referred to a judge on notice delivered by either party stating that the
examination is required and that objection is taken in terms of this rule and for purposes of
considering any such dispute the judge may make such order as to him or her seems fit.

Requirements for a party causing an examination to be made

(12) A party causing an examination to be made in terms of subrules (1) and (10) shall—

(a) cause the person making the examination to give a full report in writing of the
results of his or her examination and the opinions that he or she formed as a result
thereof on any relevant matter; and

(b) after receipt of such report and upon request, furnish any other party with a
complete copy thereof; and

(c) bear the expense of carrying out any such examination:

Provided that such expense shall, unless otherwise ordered by the court, form part of such
party’s costs.

Evidence of expert witnesses

(13) No person shall, save with the leave of the court or the consent of all parties to the
suit,be entitled to call as a witness any person to give evidence as an expert upon any matter
upon which the evidence of expert witnesses may be received unless he or she shall—

(a) not less than twelve days before the hearing, have delivered notice of his or her
intention to do so; and

(b) not less than ten days before the trial, have delivered a summary of such expert’s
opinion and his or her reasons therefor.

Notice of intention to tender documents in evidence

(14) No person shall, save with the leave of the court or the consent of all the parties to the
suit, be entitled to tender in evidence any plan, diagram, model or photograph unless he or
she shall, not less than twelve days before the hearing, have delivered a notice stating his or
her intention to do so, offering inspection thereof and requiring the party receiving notice to
admit the same within ten days after receipt of the notice.

(15) If the party receiving the notice fails within the said period so to admit, the said plan,
diagram, model or photograph shall be received in evidence upon its mere production and
without further proof thereof.

(16) If such party states that he or she does not admit them, the said plan, diagram model or
photograph may be proved at the hearing and the party receiving the notice may be ordered
to pay the costs of their proof.

Curtailment of proceedings: pretrial conference

Request to attend pre-trial conference

49(1) Subject to this rule, and in any event not later than thirty days after
the closure of pleadings in any action, a party who wishes to have the
action brought to trial shall request the other parties to the action to
attend a pre-trial conference at a mutually convenient time and place with
the object of reaching agreement on or settling the matters referred to in
sub- rule (2). The pre-trial conferences held by the parties shall take place
within a period of sixty days from the closure of pleadings..

Matters parties attempt to reach a settlement on

(2) At a pre-trial conference the parties shall attempt to reach agreement on possible ways
of expediting or curtailing the duration of the trial and in particular on the following matters
—

(a) the obtaining of admissions of fact and of documents and tape recordings;

(b) the holding of any inspection or examination;

(c) the exchange of reports of experts;

(d) the giving of further particulars reasonably required for the purposes of trial;

(e) plans, diagrams, photographs, models and the like, to be used at the trial;

(f) the consolidation of trials;

(g) the quantum of damages;

(h) a definition of the real issues and the manner in which any particular issue may be
proved;

(i) an estimation of the probable duration of the trial;

(j) the preparation of correspondence and other documents and tape recordings to be
handed in at the trial in the form of a paged bundle with copies for the court and all
parties;

and if it is practicable to do so, the parties shall attempt to reach a settlement of all or any of
the matters in dispute.

Requirements set out in a minute of the conference proceedings

(3) Upon the conclusion of a pre-trial conference, other than a conference held before a
judge, the parties shall draw up a minute of the conference proceedings which shall be
signed by the parties or their legal practitioners and the following shall appear on it—

(i) the place, date and duration of the conference and the names of the persons present;

(ii) if a party feels prejudiced because another party has not complied with the rules of
court, the nature of such non-compliance and prejudice;

(iii) that every party claiming relief has requested the other party to make a settlement
proposal and that such party has reacted to the request;
 (iv)the admissions sought and made by each party;

(v) any dispute regarding the duty to begin or the onus of proof;

(vi)any agreement regarding the production of proof by way of an affidavit in terms of

these rules;

(vii) which party shall be responsible for the copying and other preparation of
documents;

(viii) which documents or copies of documents shall, without further proof, serve as
evidence of what they purport to be, which extracts may be proved without proving
the whole document or any other agreement regarding the proof of documents;

and the minute shall be filed with the registrar not later than two days prior to the pretrial
conference before a judge referred to in subrule (8).

Application for pre-trial conference before a judge

(4) Where—

(a) a party does not accede to a request for the holding of a pre-trial conference in terms of
subrule (1); or

(b) the parties are unable to agree on a suitable date or venue for a pre-trial conference in
terms of subrule (1) or who should attend;

any party may apply to the registrar for a pre-trial conference to be held before a judge
giving reasons why a pre-trial conference could not be held between the parties.

(5) Where the parties have held a pre-trial conference in terms of subrule
(1) above, and in any event not later than fourteen days of the expiration
of the sixty- day period mentioned in subrule (1), either party shall apply
to the registrar for a further pre-trial conference to be held before a judge
in chambers at a date and time fixed by the registrar, failing which the
action shall be deemed to have been abandoned and dismissed:

Provided that a judge may, on application and for good cause shown,
reinstate the matter.
 (6) The registrar, acting on the instructions of a judge, may at any time, on reasonable
notice, notify the parties to an action to appear before a judge in chambers, who need not be
the judge presiding at the trial, on a date and at a time specified in the notice, for a pre-trial
conference or a further pre-trial conference, as the case may be, with the object of reaching
agreement on or settling the matters referred to in subrule (2), and the judge may at the
same time give directions as to the persons who shall attend and the documents to be
furnished or exchanged at such conference:

Provided that all the parties to the action shall physically attend the pretrial conference held
before a judge.

Order in accordance with the settlement

(7) If at a pre-trial conference the parties agree on a settlement of any matter in dispute, a
judge may, on a chamber application being made by the parties, make an order embodying
the terms of the settlement.

Conclusion of pre-trial conference

(8) Upon the conclusion of a pre-trial conference held before a judge, the judge—

(a) shall record any decisions taken at the pre-trial conference and any agreements
reached by the parties as to the matters considered; and

(b) may make an order limiting the issues for trial to those not disposed of by
admission or agreement; and

(c) may give directions as to any matter referred to in subrule (2) upon which the
parties have been unable to agree; and

(d) shall record the refusal of any party to make an admission or reach an agreement,
together with the reasons therefor.

(9) The judge may, with the consent of the parties and without any formal application, at
such conference or thereafter give any direction which might promote the effective
conclusion of the matter, including the granting of condonation in respect of this or any
other rule.

Dismissal of a party’s claim or strike out of defence by judge

(10) A judge may dismiss a party’s claim or strike out his defence or make such other order
as may be appropriate if—

(a) the party fails to comply with directions given by a judge in terms of subrules (6),
(8) and (9) or with a notice given in terms of subrule (6); and

(b) any other party applies orally for such an order at the pre-trial conference or
makes a chamber application for such an order.

Preparation of minutes of the conference

(11) Unless the judge determines otherwise, the party wishing to have the action brought to
trial shall prepare the minutes of the conference held before a judge and file them with the
registrar, duly signed by the parties, within five days or within such longer period as the
judge may determine.

Agreement on matters likely to curtail the duration of a trial

(12) Before the trial proceeds the judge may call into his or her chambers counsel for the
parties with a view to securing agreement on any matters likely to curtail the duration of the
trial.

Procedure

50. (1) A party to a cause or matter may give notice, by his or her pleading, or otherwise in
writing, that he or she admits the truth of the whole or any part of the case of any other
party.

Notice calling for admissions

(2) A party may by notice in writing at any time not later than ten days before the day for
which notice of trial has been given—

(a) call on any other party to admit for the purposes of the cause, matter or issue only,
the facts mentioned in such notice;

(b) call on any other party to admit, saving all just exceptions, that any document was
properly executed or is what it purports to be.

(3) The notice to admit facts shall be in Form No. 18 and admissions of facts shall be in
Form No 19 and the notice to admit documents shall be in Form No 20 and these
documents shall be filed before trial.
 Failure to reply to notice

(4) In the case of failure to reply to the notice to admit any facts within ten days of delivery
the party called upon therein shall be taken as having admitted all such facts for the
purposes of the cause, matter or issue only.

Payment of costs for refusal to admit facts

(5) 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.

Failure to reply within time limit

(6) In the case of failure by the party to reply within ten days when called upon to admit
that any document was properly executed or is what it purports to be, then as against such
party the party giving 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.

Payment of costs for proof

(7) If the party receiving the notice states that the documents are not admitted as aforesaid,
such documents shall be proved by the party giving the notice before he or she is entitled to
use them at the trial but the party not admitting them may be ordered to pay the costs of
their proof unless the court is satisfied that the refusal was reasonable and was not
frivolous.

Amendment or withdrawal of admission

(8) The court may at any time allow any party to amend or withdraw any admission so
made on such terms as may be just.

Extra costs for unnecessary facts or documents

(9) If a notice to admit includes unnecessary facts or documents, the extra costs occasioned
thereby shall be borne by the party giving such notice.

Interrogatories
 Application for leave to serve interrogatories

51. (1) A party to a cause or matter may make a chamber application for directions for an
order—
a. giving him or her leave to serve on any other party interrogatories relating to any matter
in question between the applicant and the other party in the cause or matter;
b. and requiring the other party to answer the interrogatories on affidavit within such
period as may be specified in the order.

(2) A copy of the proposed interrogatories in Form No. 21 shall be served with the notice
by which the application for such leave is made.

Leave only for necessary interrogatories

(3) On the hearing of an application under this rule, the judge shall give leave as to such
only
of the interrogatories as he or she considers necessary either for disposing fairly of the
cause
or matter or for saving costs; and in deciding whether to give leave the judge shall take into
account any offer made by the party to be interrogated to give particulars or to make
admissions or to produce documents relating to any matter in question.

(4) A proposed interrogatory which does not relate to such a matter as is mentioned in
subrule (1) shall be disallowed notwithstanding that it might be admissible in oral cross-
examination of a witness.

Service on officers and corporate bodies

(5) Where a party to a cause or matter is a body of persons, whether corporate or

incorporate,
being a body which is empowered by law to sue or be sued whether in its own name or in
the name of an officer or other person, a judge may, on the application of any other party,
make an order allowing him or her to serve interrogatories on such officer or member of the
body as may be specified in the order.

Interrogatories to state which party to respond

(6) When interrogatories are to be served on two or more parties or are required to be
answered by an agent or servant of a party, a note at the end of the interrogation shall state
which of the interrogatories each party or, as the case may be, an agent or servant is
required to answer, and which agent or servant.

Objection on the ground of privilege

(7) Where a person objects to answering any interrogatory on the ground of privilege he or
she may take the objection in his affidavit in answer.

Order requiring further answers

(8) If a person on whom interrogatories have been served answers any of them
insufficiently, a judge on a chamber application being made to him or her for directions
may make an order
requiring such person to make a further answer, and either by affidavit or on oral
examination
as the judge may direct.

Failure to comply with an order

(9) If a party against whom an order is made under subrules (1), (3) or (8) fails to comply
with it, the court may make such order as it considers just including, in particular, an order
that the action be dismissed or, as the case may be, an order that the defence be struck out
and judgment be entered accordingly.

Production of answers to interrogatories at trial

(10) A party may put in evidence at the trial of a cause or matter, or of any issue therein,
some only of the answers to interrogatories, or part only of such an answer, without putting
in evidence the other answers or, as the case may be, the whole of that answer, but the court
may look at the whole of the answers and if of opinion that any other part of an answer is so
connected with an answer or part thereof used in evidence that the one ought not to be so
used without the other, the court may direct that that other answer or part shall be put in
evidence.

Order for revocation or variation

(11) Any order made under this Rule, including an order made on appeal, may, on
sufficient
cause being shown, be revoked or varied by a subsequent order or direction of the court or a
judge made or given at or before the trial of the cause or matter in connection with which
the
original order was made.

Special cases

52. (1) The parties to any civil action or suit may, after summons has been issued, agree
upon
a written statement of facts or the questions of law arising therein in the form of a special
case for the adjudication or opinion of the court.

Contents of statement

(2) The statement referred to in subrule (1) shall set out the facts agreed upon, the questions
of law in dispute between the parties and their contentions thereon.

Structure

(3) Every such special case shall be divided into paragraphs numbered consecutively, and
shall concisely state such facts and documents as may be necessary to enable the court to
decide the questions raised thereby.

Format
(4) 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 and where the registrar so
requests, one or more copies of the special case shall be filed for the use of the court.

Set down

(5) The special case may be set down for hearing in the manner provided for trial or
opposed applications whichever may be more convenient.

Procedure before the court

(6) Upon the argument of such case, the court and the parties shall be at liberty to refer to
the whole contents of such documents, and the court shall be at liberty to draw from the
facts and documents stated in any such special case any inference, whether of fact or law,
which might have been drawn therefrom if proved at a trial.

Determination of a question of law before trial

(7) If, in any cause or matter it appears to the court, on its own initiative, that there is 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.

(8) If a minor or person of unsound mind is a party to such proceedings, the court may,
before determining the questions of law in dispute, require proof that the statements in such
special case so far as concerns the minor or person of unsound mind, are true.

Court’s discretion in disposing of the matter

(9) When giving its decision upon any question in terms of this Rule, the court may give
judgment as may be appropriate and may give any direction with regard to the hearing of
any other issues in the proceedings which may be necessary for the final disposal thereof.

(10) 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 evidence.

Procuring evidence for trial

Suing out subpoenas

53. (1) A party desiring the attendance of any person to give evidence may, as of right,
without any prior proceedings whatsoever, sue out from the office of the registrar one or
more subpoenas for that purpose.

Form
(2) A subpoena shall be in one of the Forms Nos. 57 to 59 and shall be prepared by the
party desiring to issue it.

Not more than four names in a subpoena

(3) Every subpoena, other than a subpoena for the production of evidence, may contain up
to four names where necessary or required.

Not more than three persons in a subpoena for production of evidence

(4) Not more than three persons shall be included in one subpoena for the production of
evidence and the party suing out the same shall be at liberty to sue out such subpoena for
the production of evidence for each person if it is necessary or desirable.

Subpoena to specify document or thing to be produced

(5) If any witness has in his or her possession or control any deed, instrument, writing or
thing which the party requiring his or her attendance desires to be produced in evidence, the
subpoena shall specify such document, or thing and require him or her to produce it to the
court at the trial.

Handing over and inspection of document or thing

(6) Any witness who has been required to produce any deed, document, writing or tape
recording at the trial shall hand it over to the registrar as soon as possible, unless the
witness claims that the deed, document, writing or tape recording is privileged. Thereafter
the parties may inspect such deed, document, or tape recording and make copies or
transcriptions thereof, after which the witness is entitled to its return.

Service of subpoena

(7) The service of a subpoena shall be effected by delivering to the person named therein
and
at the same time showing him or her the original and informing him or her of the exigency
thereof, and may be effected in any manner provided for in rule 15 (15).

Proof of service

(8) The service of a subpoena may be effected by a legal practitioner or his or her clerk or
by the sheriff:
Provided that where the service has been effected by a legal practitioner or his clerk, the
proof of service shall be in the form of a certificate completed in one or other of the Forms
Nos 5 or 6 and no affidavit of service shall be necessary.

Consequences of default after service of subpoena

 (9) Any person having been duly served with a subpoena a reasonable time before the date
on which he or she is required by it to attend at the place named, and his or her reasonable
expenses having been paid or tendered to him or her and not having any lawful
impediment, may on his or her default be liable to be attached, fined and imprisoned for his
or her contempt of the process of the court, without prejudice to any other claim or remedy
the party aggrieved by his or her default may by law have against him or her on that
account.

Deposit of sum for expenses

(10) Where a party is suing in person he or she shall, at the request of the registrar and
before the issue of the subpoena, deposit with the registrar such sum as the registrar shall
fix as being calculated to cover the reasonable expenses of all persons named in the
subpoena.

Approval of judge for certain evidence

(11) It shall not be competent for a party to compel the attendance of any witness for the
purpose of giving evidence of his or her opinion only on any question of foreign law, usage
or custom without the consent in writing of a judge having been first had or obtained.

Discretion in giving consent

(12) A judge to whom application for his or her consent in terms of this rule is made may
withhold such consent or grant it on such terms, as to the payment or tender of allowances
to the witness and as to the amount of such allowances, as to such judge seems fit and
reasonable.

Subpoena to compel evidence

(13) Where in proceedings on motion a person has refused to make an affidavit of facts
within his or her knowledge, the party desiring such person’s evidence may sue out a
subpoena compelling such person to appear on the day of the hearing to give evidence
orally.

Examination of witness

(14) In the absence of any agreement in writing between the legal practitioners of all the
parties and, subject to these rules, the witness at the trial of any action shall be examined
orally and in open court, but the court may, at any time, for sufficient reasons order that any
particular fact or facts may be proved by affidavit, or that the affidavit of any witness,
whose attendance in court ought for some sufficient cause to be dispensed with, be
examined by interrogatories or otherwise before a commissioner or examiner:

Provided that where it appears to the court that the other party genuinely and sincerely
desires the production of a witness for cross- examination, and that such witness can be
produced, an order shall not be made authorising the evidence of such witness to be given
by affidavit.

Order for examination on oath

(15) The court or a judge may, in any cause or matter where it appears necessary for the
purpose of justice, make an order for the examination upon oath before the court or judge or
an officer of the court, or any other person, and at any place, of any witness or person, and
may empower any party to any such cause or matter to give such deposition in evidence
therein on such terms, if any, as the court or a judge may direct.

Application to have evidence taken before a commissioner

(16) A party desiring to have the evidence of a witness taken before a commissioner of the
court or examiner may make a court application, which shall be supported by affidavit,
setting forth the particular circumstances in which the application is made and, where the
defendant is in default of appearance and the plaintiff desires to take the evidence of any
witness before a commissioner of the court or examiner, he or she may apply by way of a
chamber application.

Costs

(17) Where the court considers it just and expedient it may grant an order for the
examination of witnesses or for the issue of a request for a commission, and may make such
order as to costs as justice requires and Forms Nos. 52, 53 and 54 shall be used for such
order or request.

Request for a commission to be signed by the Chief Justice or a judge

(18) 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 in Form No. 55.

Copy of necessary documents to be availed to examiner

(19) Where any witness or person is ordered to be examined before an officer of the court,
or before a person appointed for the purpose, examination shall be furnished by the party on
whose application the order was made with a copy of the summons and pleadings, if any, or
with a copy of the documents necessary to inform the person taking the examination of the
questions at issue between the parties.

Examination to take place in presence of parties

(20) Unless the court ordering the examination otherwise directs, the examination shall take
place in the presence of the parties, the legal practitioners or agents, and the witnesses shall
be subject to cross examination and re-examination.

Examiner not to decide adimissibility of evidence

(21) The examiner shall not have the power to decide upon the admissibility of evidence
tendered, but shall note any objections made and such objections shall be decided by the
court hearing the matter.

Recording of evidence
(22) Evidence taken by an officer of the court or examiner shall be recorded in such manner
as evidence is recorded when taken before a court and the transcript of any shorthand
record or record taken by mechanical means, certified by the person transcribing the same
and by the officer of the court or examiner, shall constitute the record of the examination:

Provided that the evidence taken before the officer of the court or examiner may be taken in
narrative form.

Signing of recorded evidence by witness or examiner

(23) Where the evidence is recorded in narrative form or as to represent as nearly as

possible the statement of the witness, it shall be signed by him or her in the presence of the
parties unless they otherwise agree, or such of them as may consider fit to attend and if the
witness refuses to sign the depositions, the examiner shall sign the same. For this purpose,
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. Any questions which
may be objected to shall be taken down by the examiner in the depositions, and he or she
shall state his or her opinion thereon to the legal practitioners or parties and shall refer to
such statements in the depositions, but he or she shall not have power to decide upon the
materiality or relevance of any question.

Submission of record of evidence to registrar

(24) The record of the evidence shall be submitted by the officer of the court or examiner to
the registrar with a certificate to the effect that it is the record of the evidence given before
him or her, and shall thereupon become part of the record in the case.

Refusal of witness to attend or to be sworn in

(25) If any person duly summoned by subpoena to attend for examination refuses to attend,
or if, having attended, he or she refuses to be sworn or to answer any lawful question, a
certificate of such refusal, signed by the examiner, shall be filed with the registrar, and
thereupon the party requiring the attendance of the witness may make a chamber
application for an order directing the witness to attend, or to be sworn, or to answer any
question, as the case may be.

Validity of objection to be decided by court or judge

(26) If a witness objects to any question which may be put to him or her before an
examiner, the question so put, and the objection of the witness thereto, shall be taken down
by the examiner and transmitted by him or her to the registrar, and the validity of the
objection shall be decided by the court or a judge.

Costs for refusal or objection

(27) In any case under subrules (25) and (26), the court shall have the power to order the
witness to pay any costs occasioned by his or her refusal or objection.
 Administration of oaths

(28) An officer of the court, or other person directed to take the examination of any witness
or person, or any person nominated or appointed to take the examination of any witness or
person pursuant to the provisions of any convention now made or which may hereafter be
made with any foreign country, may administer oaths.

Subpoena to compel attendance or produce evidence

(29) A party in any cause or matter may by subpoena require the attendance of a witness
before an officer of the court or other person appointed to take the examination, or for the
purpose of using his or her evidence upon any proceedings in the cause or matter in like
manner as such witness would be bound to attend and be examined at the hearing or trial
and a party or witness having made an affidavit to be used or which is used in any
proceeding ithe case or matter shall be bound on being served with such subpoena to attend
before such officer or person for cross-examination.

Evidence taken subsequent to hearing or trial

(30) Evidence taken subsequent to the hearing or trial of any cause or matter shall be taken
as nearly as may be in the same manner as evidence taken at or with a view to a trial.

Magistrate as commissioner of court

(31) Every magistrate shall be a commissioner of court for the purpose of examining
witnesses.

Commissioner of the High Court

(32) The court may appoint a person as a commissioner of the High Court to take affidavits
or examine witnesses in any place outside Zimbabwe.

Application for appointment of commissioner

(33) Every application for appointment as a commissioner of the High Court shall be by
application to the court or a judge in chambers.

Form of application

(34) 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. 56.
PART VII

Setting Down of Civil Trials and Civil Trials

Set down of defended trial cases

When pleadings are deemed closed

54. (1) For the purposes of this Rule the pleadings shall be deemed to be closed—

(a) where there is no claim in reconvention, when the plaintiff has filed his or her
replication orif a replication is unnecessary, when the plea has been filed;

(b) where the defendant has filed a claim in reconvention, where the plaintiff has filed
his or her plea to the claim in reconvention.

Filing of further pleadings by Defendant

(2) The fact that pleadings are deemed to be closed for purposes of this rule shall not
preclude the defendant from filing any further pleadings within the time limited for the
purpose, nor relieve him or her of the obligation to do so where it is necessary.

Procedure for set down

(3) The registrar shall keep a list of civil cases for trial. In cases not proceeding by
default, whenever the pleadings in any action are closed and discovery has been effected
by all parties, and a pretrial conference has been held in terms of rule 49, the plaintiff or
the defendant may require the registrar to place the case on the list and such request shall
be accompanied by a completed Form No. 22, and a signed copy of the pre-trial
conference minute made in terms of rule 49(9). The party making the request shall
forthwith notify the other party that he or she has done so. Thereafter registrar shall
forthwith refer the matter to the Judge President of Senior Judge for allocation.

Request for trial dates

(4) A request for trial dates made in terms of subrule (3) shall be made within thirty
days of the finalisation of a pre-trial conference held in terms of rule 49 failing
which the matter shall be deemed to have been abandoned and dismissed:

Provided that a judge may, on application and for good cause shown, reinstate the
matter.

Notice of set down

(5) At the time of filing a request in terms of subrule (3), the party requesting the
registrar to place the case on the cause list shall, where applicable, deposit with the
sheriff an amount as determined by the sheriff as security for costs of service of a
notice of set down for trial.

Delivery of notice of set down by sheriff

(6) The notice of set down given by the registrar in terms of subrule (5)—

(a) shall be delivered by the sheriff to each party’s legal practitioner; or

(b) in the case of a party who is not represented by a legal practitioner, shall be delivered
by the sheriff to such party at the address for service where he or she accepts service in
terms of these Rules within a radius of ten kilometres from the Registry

Sheriff’s return of service

(7) Every notice of set down for trial shall be made returnable to the court and the sheriff
shall submit the return of service to the registrar within five days after service has been
effected and at least five days before the date of hearing.

Allocation of fixed date for hearing

(8) At the request of one or more of the parties, the registrar may, in consultation with the
judge assigned to hear the case, allocate a date for the hearing of the case, whether in or
out of term.

Alteration of set down date on good cause

(9) Where a case has been set down for trial or argument, any party may apply to the
court or judge to have the set down date altered and, for good cause shown, the court or
judge may so alter the date and fix another date for the trial or argument or make such
other order as it or he or her, as the case may be, considers just:

Provided that, with the consent of all parties and with the approval of the registrar, a set
down date may be altered without application to the court or to a judge.

Records

Recording of oral evidence

55. (1) The oral evidence at the trial of any civil action shall be recorded in long hand or
short hand or by such mechanical writing or recording device as the judge may approve.
(2) Such record shall be kept by such means as to the court seems appropriate and shall
be filed in accordance with the instructions of the registrar.

Transcriber to take an oath of office

(3) Every shorthand writer and every operator of an approved mechanical writing or
recording device shall be deemed to be an officer of the court and shall, before
commencing on his or her duties, take before a judge an oath in the following form—

“I do swear that I will faithfully, accurately and to the best of my ability take down
in shorthand/by machine, as directed by the judge, a record of the proceedings in
any case in which I may be employed as an officer of the court and that I will
similarly, when required to do so, transcribe such record or any other record taken
down by any other officer of the court. So help me God.”:

Provided that it shall be permissible, depending on the person’s religious beliefs, to make
an affirmation instead of taking an oath.

Transcription of record

(4) It shall not be necessary to transcribe a record, unless a judge or the registrar, acting
under the authority of a judge, so directs.

(5) 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.

(6) If the transcriber is a person other than the original recorder, such original recorder, if
available, shall annex a certificate to the transcript indicating the extent of the accuracy of
the transcript.

(7) If the original recorder is unavailable that fact shall be mentioned in the transcriber’s
certificate.

(8) A transcript certified in terms of subrules (4) to (7) shall be deemed to be an accurate
record of the proceedings subject to any reservation made in the certificate thereto:

Provided that the court may make such order as it deems fit concerning the accuracy of a
transcribed record.
 Application for transcription

(9) Any person with an interest in any matter in respect of which there exists a record
may apply to the registrar to have that record transcribed or, if the record has already
been transcribed, for a copy of such transcript.

(10) The registrar shall supply an applicant with a transcript of the record upon payment
of such fees as may be prescribed.

Setting down and hearing of civil trial and related matters

Procedure when defendant is in default

56.(1) If, on the calling of any case the plaintiff or the plaintiff in reconvention
appears in court personally, or by his or her counsel, and the other party is in
default, the court may, subject to rule 25, grant judgment or make such order as it
considers the plaintiff or the plaintiff in reconvention, as the case may be, is entitled
to upon the summons, declaration or claim in reconvention, as the case may be.

(2) When, on the calling of any case, the defendant appears personally or by his or
her counsel, and the plaintiff makes default, the defendant shall be absolved from
the said suit or action, unless sufficient cause to postpone the same, or to make some
other order therein, appears to the court.

Procedure when defendant is in default

(3) If, on the calling of any case, the plaintiff or the plaintiff in reconvention appears
in court personally or by his or her counsel, and the other party is in default, the
court may, subject to rule 25, grant judgment or make such order as it considers the
plaintiff or the plaintiff in reconvention, as the case may be, is entitled to upon the
summons, declaration or claim in reconvention, as the case may be.

(4) The court shall determine the plaintiff’s claim at the trial and shall not refer to
the unopposed roll a case where the defendant is in default at trial.

Applicability of rule

(5) This rule shall not apply to actions for divorce, judicial separation or nullity of
marriage.
 Outline of facts by party with burden of proof

(6) If on the pleadings the burden of proof is on a party, he or she or his or her
counsel, may briefly outline the facts intended to be proved and at the close of that
party’s opening remarks the other party shall briefly outline the facts intended to be
proved where after the party with the burden shall open his or her case.

Absolution from the instance

(7) At the close of the case for the plaintiff, the defendant may apply for absolution from
the instance, in which event the defendant or his or her counsel on his or her behalf may
address the court and the plaintiff or his or her counsel on his or her behalf may reply.
The defendant or his or her counsel may thereupon reply on any matter arising out of the
address of the plaintiff or his or her counsel.

Failure to apply for or refusal of absolution

(8) If absolution from the instance is not applied for or has been refused and the
defendant has not closed his or her case, the defendant or his or her counsel on his behalf
may briefly outline the facts intended to be proved and the defendant shall then adduce
his or her evidence.

Burden of proof on defendant

(9) Where the burden of proof is on the defendant, the defendant shall first adduce his or
her evidence, and the plaintiff shall thereafter adduce his or her evidence

Calling of evidence

(10) Where the burden of proving one or more of the issues is on the plaintiff and that of
proving others is on the defendant, the plaintiff shall first call his or her evidence on any
issues proof whereof is upon him or her, and may then close his or her case, and the
defendant shall then call his or her evidence on all the issues.

Calling of evidence after closure of defendant’s case

(11) If the plaintiff has not called any evidence, other than that necessitated by his or her
evidence on the issues, proof whereof is upon him or her, on any issues, proof whereof is
on the defendant, he or she shall have the right to do so after the defendant has closed his
case. If he or she has called any such evidence, he or she shall have no such right.

Discretion of court to determine which party begins

(12) In case of any doubt or dispute arising, the court shall have discretion to determine
which party shall begin. Either party may, with the leave of the court, adduce further
evidence at any Page 82 of 84 time before the judgment but such leave shall not be
granted if it appears that such evidence was intentionally withheld out of its proper order.

Only one legal practitioner to be heard on certain issue

(13) On a question as to the onus of proof and the right or obligation to begin, only one
legal practitioner on each side shall be heard.

(14) One legal practitioner only on behalf of the plaintiff shall be entitled to open the
case.Thereafter the plaintiff’s witnesses shall be called and may be examined, cross-
examined and re-examined.

(15) When all the evidence for the plaintiff has been given and the defendant intends to
call witnesses, one legal practitioner only shall be entitled to open the defendant’s case.
Thereafter the defendant’s witnesses shall be called and may be examined, cross
examined and re-examined.

(16) One and the same counsel for either party shall examine or cross-examine or re-
examine each witness. Re-examination need not be conducted by the same legal
practitioner who examined the witness.

Closing addresses

(17) After the evidence on both sides has been given, the plaintiff’s legal practitioner
shall have the right to address generally on the whole case. Thereafter, the legal
practitioner for the defendant shall have a similar right, and finally, the legal practitioner
for the plaintiff shall be entitled to reply to any matters raised by the legal practitioner for
the defendant. If, in such a reply, the plaintiff’s legal practitioner cites new cases, the
court may allow one legal practitioner for the opposite side to observe those cases.

Procedure where there are one or more parties

(18) Notwithstanding anything contained in this rule relating to closing addresses, the
judge may, at the conclusion of the evidence in a trial action, confer with the parties or
their legal practitioners in his or her chambers as to the form and duration of the
addresses to be submitted.

(19) If there are one or more third parties or if there are defendants to a claim in
reconvention who are not plaintiffs in action, any such party shall be entitled to address
the court in opening his or her case and shall be entitled to lead his or her evidence after
the evidence of the plaintiff and of the defendant has been conducted and before any
address at the conclusion of such evidence save in so far as the court may otherwise
direct, the defendants to any counterclaim who are not plaintiffs shall first lead their
evidence and thereafter any third parties shall lead their evidence in the order in which
they became third parties.

(20) If the burden of adducing evidence is on the claimant against the third party or on
the defendant to any claim in reconvention, the court may make such order as may be
convenient with regard to the order in which the parties shall conduct their cases and
address the court and in respect to their respective rights of reply.

(21) Where a case involves questions of law, or scientific or technical evidence, the court
may hear not more than two legal practitioners on each side. In the final reply only one
legal practitioner shall be heard.

Where defendant’s obliged to begin

(22) Where the right or obligation to begin lies on the defendant, the order of procedure
under the above-mentioned subrules shall be read as if the defendant were the plaintiff
and the plaintiff were the defendant.

Co- plaintiffs

(23) Co-plaintiffs shall appear by the same legal practitioner and shall not split their
cases.

Co- defendants

(24) Co-defendants may be represented by different legal practitioners. Where the

interests of the defendants are the same, the case shall proceed as though the defence
were joint and not separate. Where the interests of the defendants are different, the legal
practitioner for each defendant shall be allowed to cross-examine the plaintiff’s witnesses
and to address the court in such order as the court shall decide.

(25) 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.

Postponement or adjournment of matter

(26) A postponement or an adjournment of the hearing of any matter may be granted by

the court on such terms as it deems just respecting costs and safeguards against any
prejudice which may otherwise be caused thereby.

Referral of matter to two or more judges

(27) A judge before whom any matter is being heard may, with the approval of the Chief
Justice or the Judge President, order that such matter be referred for hearing or decision
by two or more judges. It shall be competent for the court to which such reference is
made to direct that any witness be recalled and to order further argument.

Penalty for undue prolongation

(28) Where the court considers that the proceedings have been unduly prolonged by the
successful party by the calling of unnecessary witnesses or by excessive examination or
cross examination or argument, it may penalise such a party in the matter of costs.

Virtual hearing

(29) The parties to any civil action or application may consent to their proceedings being
conducted by way of virtual sitting and where such consent has been submitted in writing
to the court or a judge, the court or a judge may allow the use of any electronic or other
means of communication for presentation of evidence or submissions in which the parties
may be heard at the same time without being physically present together.

(30) Pursuant to section 47(2) of the High Court Act [Chapter 7:06] and section 194A of
the Criminal Procedure and Evidence Act [Chapter 7:06] virtual hearing matters shall be
conducted on the IECMS Platform.
 Principles guiding the conduct of virtual hearings

(31) (1) The Virtual Court Platform shall operate on the following principles—

(a) the platform shall facilitate the expeditious, effective, seamless and real-time conduct
of virtual court proceedings;

(b) the court, as the host of the platform, shall be responsible for furnishing the
technology, software and equipment needed to make the platform operational, which
technology software and equipment shall include but shall not be limited to the requisite
internet service, computers, servers and cameras;

(c) litigants and representatives shall be entitled to access any e-filing centre nearest to
them to participate in a virtual hearing;

(d) the platform shall be programmed to ensure the security, authenticity, and where
necessary, confidentiality of virtual proceedings;

(e) the platform shall ensure that virtual hearings are conducted as seamlessly as possible
without interruption and, to this end, the Registrar shall take measures to resolve any
technical challenges experienced during the conduct of virtual proceedings;

(f) assistance shall be afforded to the parties before and during the hearing by technically
qualified officers of the court to ensure that the parties hosted thereon are able to
participate seamlessly and effectively;

(g) to ensure the continuity and seamlessness of virtual court proceedings, the platform
incorporates backup facilities in case of power outages and interruptions of connectivity;
and

(h) the IECMS platform shall provide a quality of connectivity, resolution and definition
sufficient to permit legal practitioners, their clients, the judge and the witnesses to
observe each other’s expressions, reactions and demeanour as much as possible as if

the participants were present together in an actual court setting.

(2) Unless otherwise ordered by the court, in the interest of justice, members of the
public, who are not parties to the proceedings in question, shall be allowed access to the
virtual hearing proceedings through a court generated link.
 Consent to participate in virtual hearings

(32)(1) The platform shall be availed for parties to use on a voluntary and consensual
basis, subject however to the court’s power to direct that, in the interests of justice, a
particular case shall be heard virtually.

(2) The agreement of the parties to have a virtual hearing of their matter shall be
embodied in writing and signed jointly by them and lodged with the Registrar no later
than ten days before the proposed virtual hearing:

Provided that where parties fail to agree as to the nature of proceedings, the Registrar
shall refer the matter to a judge in chambers for an appropriate determination.

(3) Upon a referral in terms of subrule (2) the judge may, in the interests of justice, give
any directions as he or she may deem appropriate.

(4) Before making a direction the judge shall—

(a) invite the parties to make representations before him or her in chambers;

(b) require any party alleging any incapacity to participate in a virtual hearing to depose
to an affidavit setting forth the particulars of such incapacity.

Hybrid virtual hearings

(33) (1) Participation in virtual hearings on the IECMS platform can be so arranged that
any of the following forms of participation is possible—

(a) one party and his or her witnesses may be physically present at the location where the
court is sitting, while the other party accesses the platform from a different location; or

(b) both parties may be virtually participating from different remote locations.

(2) The platform shall enable witnesses to participate virtually in the hearings at any
court nearest to their place of residence or at any other location by prearrangement with
the Registrar:

Provided that a party and his or her witnesses may access the platform from the same
location subject to the following conditions—
(a) if there are two or more terminals at the location, the party and his or her witnesses
must communicate from different terminals;

(b) if there is only one terminal at the location, the party must not be seen in close
proximity with his or her witness while the witness’s testimony is being given or tested;

(c) to ensure that witnesses will not be influenced or influence other witnesses, the
witnesses who are yet to give testimony and who have given testimony must be absent
from the location until their testimony is required;

(d) in any of the foregoing circumstances the police officer present at the location must
ensure that no communication, except with the express leave of the court, takes place
between the party and his or her witnesses or between the witnesses themselves.

Supervision of virtual hearings

(34) The Registrar is ultimately responsible, subject to the directions of the court, for the
smooth operation of virtual hearings, and any or all of the parties to the virtual hearing
shall have access to him or her during normal office hours for the purpose of ensuring
beforehand that the hearing will be conducted seamlessly, efficiently, cost-effectively and
expeditiously.

Default in virtual hearings

(35) If a party fails to attend a virtual hearing, having agreed or been directed to
participate in the hearing, and there being no technical default attributable to the platform
itself, subject to proof of notification of the notice of set down, such party shall be subject
to default judgment proceedings, and it shall not be competent for it to plead lack of the
requisite technical resources if it had not raised that issue with the Registrar before the
start for the virtual hearing.”.

PART VIII

Application Procedure

Nature of applications
57 (1) Subject to this rule, all applications made for whatever purpose in terms of these
rules or any other law, other than applications made orally during the course of a
hearing, shall be made—

a. as a court application, that is to say, in writing to the court on notice to all interested
parties having a legal interest in the matter; or

b. as a chamber application, that is to say, in writing to a judge.

When chamber application can be made

(2) An application shall not be made as a chamber application unless—

h. the matter is urgent and cannot wait to be resolved through a court application; or

i. these rules or any other enactment so provide; or

j. the relief sought is procedural or for a provisional order where only interim relief is
sought; or

k. the relief sought is for a default judgment or a final order where—

(i) the defendant or respondent, as the case may be, has previously had due notice
that the order will be sought, and is in default; or

(ii) there is no other interested party to the application; or

(iii) every interested party is a party to the application; or

l. there are special circumstances which are set out in the application justifying the
application.

General provisions for all applications

Form of written application, notice of opposition and answering affidavit
58(1) Every written application, notice of opposition and supporting and answering
affidavit shall—
a. be legibly written on A4 size paper on one side only; and
b. be divided into paragraphs numbered consecutively, each paragraph containing,
wherever possible, a separate allegation; and
c. have each page, including every annexure and affidavit, numbered consecutively,
the page numbers in the case of documents filed after the first set, following
 consecutively from the last page number of the previous set, allowance being
made for the page numbers of the proof of service filed for the previous set.
(2) Every written application and notice of opposition shall—
m. state the title of the matter and a description of the document concerned; and
n. be signed by the applicant or respondent, as the case may be, or by his or her
legal practitioner; and
o. electronic address and a physical address for service which shall be within a
radius of ten kilometres from the registry in which the document is filed; and
p. where it comprises more than five pages, contain an index clearly describing
each document included and showing the page number or numbers at which
each such document is to be found.
(3) Every written application shall contain a draft of the order sought.
(4) An affidavit filed with a written application—
(a) shall be made by the applicant or respondent, as the case may be, or by a person
who can swear to the facts or averments set out therein; and
(b) may be accompanied by documents verifying the facts or averments set out in
the affidavit and any reference in this Part to an affidavit shall be construed as
including such documents.
(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.
Costs incurred due to short notice
(6) Where extra costs have been incurred by a party owing to an unreasonably short time
having been allowed in any application, or owing to the failure of either party to file his
or her affidavits, the court or a judge may make such order in respect of those costs as it
or he or she thinks fit.
Extension of time
(7) Where a party desires an extension of any of the time fixed by or in terms of this Part
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 or she considers just.
Counter application
(8) Where a respondent files a notice of opposition and opposing affidavit, he or she may
file, together with those documents, a counter application against the applicant in the
form, with the necessary changes, of a court application or a chamber application
whichever is appropriate.
(9) This rule shall apply, with the necessary changes, to a counter-application under
subrule (8) as though it were a court application or a chamber application, as the case
may be, and subject to subrules (10) and (11) it shall be dealt with at the same time as the
principal application unless the court or a judge orders otherwise.
(10) If, in any application in which the respondent files a counter-application under
subrule (9) the application is stayed, discontinued or dismissed, the counter-application
may nevertheless be proceeded with.
(11) The court or a judge may, for good cause shown, order an application and a counter
application to be heard separately.
Oral evidence in applications
(12) In any application the court or a judge may permit or require any person to give oral
evidence if the court or judge, as the case may be, considers it will be in the interests of
justice to hear such evidence.
Adoption of incorrect form of application
(13) Without derogation from rule 8 but subject to any other enactment, the fact that an
applicant has instituted—
(a) a court application when he or she should have proceeded by way of chamber
application; or
(b) a chamber application when he or she should have proceeded by way of a court
application;
shall not in itself be a ground for dismissing the application unless the court or judge, as
the case may be, considers that—
(c) some interested party has or may have been prejudiced by the applicant’s failure
to institute the application in proper form; and
(d) such prejudice cannot be remedied by directions for the service of the
application on that party with or without an appropriate order of costs.
Proof of service
(14) Where an application made in terms of this Part is to be served on the other parties,
the applicant shall, within ten days of service of the application, file with the Registrar
proof of service of the application on the other parties.
(15) Where, for any reason, proof of service is not filed with the Registrar in the manner
and time specified, the application shall be deemed to be abandoned for that reason and
the Registrar shall accordingly notify the parties:
Provided that the court or judge may upon written application, on good cause
shown reinstate a matter deemed abandoned or dismissed in terms of paragraph
(b).
Consolidation of applications
(16) Where separate applications have been instituted and it appears to the court
convenient to do so, it may, upon the application of any party thereto and after
notice to all interested parties, make an order consolidating such applications
Court applications
Applicable form
59 (1) A court application shall be in Form No. 23 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 of a chamber application with appropriate modifications.
Filing and service of application
(2) A copy of a court application and of every affidavit by which it is supported shall be
served upon every respondent, and proof of service thereof filed with the registrar,
within ten days of filing the application.
(3) Except as otherwise provided in this Part, 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.
(4) A court application and supporting documents shall be filed with and issues by the
registrar before being served on every respondent.
Time for filing answering notice of opposition
(5) The time within which a respondent in a court application may be required to file a
notice of opposition and opposing affidavits shall be ten days, exclusive of the day of
service, plus one day for every 200 kilometres or part thereof where the place at which
the application is served is more than 200 kilometres from the court where the application
is to be heard.
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 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 this subrule shall not
apply or shall apply with such modifications as the court or judge may direct.
 (6) The respondent shall be entitled, within the time given in the court application in
accordance with subrule (6), to file a notice of opposition, together with one or more
opposing affidavits.
(7) As soon as possible, in any event not later than seven days after filing a notice of
opposition and opposing affidavit in terms of subrule (7) the respondent shall serve
copies of them upon the applicant and, as soon as possible thereafter, but not later than
forty-eight hours, shall file with the registrar proof of such service in accordance with
subrule (8) of rule 16.
(8) A respondent who has failed to file a notice of opposition and opposing affidavit in
terms of subrule (8) shall be barred.
Filling and service of answering Affidavit
(9) Subject to subrule (10), where the respondent has filed a notice of opposition and an
opposing affidavit, the applicant may file an answering affidavit with the registrar, which
may be accompanied by supporting affidavits within ten days of receiving the notice of
opposition and opposing affidavits:
Provided that no answering affidavit may be filed less than ten days before the hearing of
the application.

(10) As soon as possible after filing an answering affidavit in terms of subrule (10),
the applicant shall serve a copy of it upon the respondent and thereafter shall file
with the registrar proof of such service within ten days of service of the application
Further affidavits
(11) After an answering affidavit has been filed, no further affidavits may be filed without
the leave of the court or a judge.
Set down of applications
(12) Save in exceptional circumstances, and subject to these rules and any direction
as may be given by a judge, including the question of costs, where the respondent is
barred in terms of sub rule (9), the applicant shall, without notice to him or her, set
the matter down for hearing in terms of rule 64, within thirty days of the barring of
the respondent, failing which the application shall be deemed to have been
abandoned and dismissed, provided that a judge may on application and for good
cause shown, reinstate the matter.
(13) Where the applicant has filed an answering affidavit in response to the respondent’s
opposing affidavit but has not, within a month thereafter, applied for the set down of the
matter for hearing, the respondent, on notice to the applicant, may either—
 (a) apply for the set down of the matter for hearing in terms of rule 65; or
(b) make a chamber application to dismiss the matter for want of prosecution,
and the judge may order the matter to be dismissed with costs or make such
other order on such terms as he or she considers fit.
Alteration of set down
(14) Where an application has been set down for hearing in terms of rule 64 or rule 65
any party may apply orally during the course of any hearing or make a chamber
application to have the date of set down altered and, for good cause shown, the court or
judge may alter the date and fix another date for the hearing or make such other order as
it or he or she considers fit:
Provided that, with the consent of all parties, a set down may be altered to another day in
accordance with rule 65 without such application.
Heads of argument
(15) 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,
before the matter is set down for hearing, the legal practitioner shall within ten days of
filling an answering affidavit file with the registrar heads of argument clearly outlining
the submissions he or she intends to rely on and setting out the authorities, if any, which
he or she intends to cite.
(16) An application, exception or application to strike out shall not be set down for
hearing at the instance of the applicant or excipients, as the case may be, unless-
(a) his or her legal practitioner has filed heads of argument with the registrar in
accordance with subrule (15).
(b) in the case of an application, the pages have been numbered in accordance with rule
58(1).
(17) Where an application, exception or application to strike out has been set down for
hearing in terms of rule 65 and any respondent is to be represented at the hearing by a
legal practitioner, the legal practitioner shall file with the registrar, heads of argument
clearly outlining the submissions relied upon by him or her and setting out the
authorities, if any, which he or she intends to cite, and immediately thereafter he or she
shall deliver a copy of the heads of argument to every other party.
(18) Heads of argument referred to in subrule (17) shall be filed by the respondent’s legal
practitioner not more than ten days after heads of argument of the applicant or excipients,
as the case may be, were delivered to the respondent:
Provided that—
 (i) no period during which the court is on vacation shall be counted as part of the
ten-day period;
(ii) the respondent’s heads of argument shall be filed at least five days before the
hearing as long as the respondent shall not have been barred in terms of
subrule (19).
(19) Where heads of argument that are required to be filed are not filed within the period
specified in subrule (18),the respondent concerned shall be barred and the court or judge
may deal with the matter as unopposed or direct that it be set down for hearing on the
unopposed roll.
(20) A legal practitioner shall not be precluded from making a submission or citing an
authority that was not outlined or set out, as the case may be, in heads of argument filed
in terms of subrule (17) unless the court or judge hearing the matter considers that—
(a) the submission or authority was omitted from the heads of argument with the
intention of misleading the other party; or
(b) to permit the legal practitioner to make the submission or cite the authority would
prejudice the other party in a manner which could not be remedied adequately by a
postponement or an appropriate order of costs.
(21) In relation to any application, exception or application to strike out which has been
set down by a respondent, any reference—
(a) in subrule (15) to the applicant or excipient, shall be construed as a reference to
the respondent;
(b) in subrules (17), (18) or (19) to a respondent, shall be construed as a reference to
the applicant or excipients.
(22) Where an applicant, excipient or respondent is not to be represented at the hearing
by a legal practitioner, he or she may, if he or she so wishes, file heads of argument, in
which event he or she shall comply with subrules (15) or (17) as the case may be.
Written arguments
(23) In the event of arguments in writing being presented in accordance with the
provisions of subsection (23) of section 59 of the Act, the persons to be served with such
arguments and the number of copies thereof required shall be as follows—
(a) in an appeal, three copies on a registrar and one copy on the respondent, or appellant,
as the case may be;
(b) in an application, one copy on a registrar and one copy on the respondent or applicant,
as the case may be.
(2) Notwithstanding the provisions of subrule (1), where a person wishing to submit an
argument in writing is in custody and is not legally represented, he or she may serve one
copy of the argument on a registrar who shall be responsible for the preparation and
service of the other copies.
(3) The time within which written arguments shall be served shall be—
(a) in an appeal, five days before hearing;
(b) in an appeal by the Prosecutor-General where the respondent wishes to present
argument, five days after service of Form 8 or Form 9;
(c) in an application for leave to appeal or for an extension of time, at the time when
Form 4 or Form 5 is delivered;
(d) in any other application, one day prior to the hearing.
(4) Notwithstanding that written arguments have been filed, the court or a judge may
allow the person filing such arguments to appear in person or by his or her legal
practitioner.
Hearing of application
(24) At the hearing of the application—
(a) unless the court otherwise orders, the applicant shall be heard in argument in
support of the application, and thereafter the respondent’s argument against the
application shall be heard and the applicant shall be heard in reply;
(b) the court may allow oral evidence:
Provided that if one of the parties has been barred the court shall deal with the application
as though it were unopposed, unless the bar is lifted.
Order at conclusion of hearing
(25) At the conclusion of the hearing or thereafter, the court—
(a) may refuse the application; or
(b) may grant the order applied for including a provisional order, or any variation of
such order or provisional order whether or not general or other relief has been
asked for, and may make such order as to costs as it considers fit.

(26) Where the court grants a provisional order under subrule (25), subrule (11) of rule 60
shall apply, with the necessary changes, to the provisional order as though it were granted
following a chamber application.

Chamber application

60. (1) A chamber application shall be made by means of an entry in the chamber book
and shall be accompanied by Form No. 25 duly completed and, except as is provided in
subrule (2), shall be supported by one or more affidavits setting out the facts upon which
the applicant relies:
Provided that, where a chamber application is to be served on an interested party, it shall
be in Form No. 23 with appropriate modifications.

Service of chamber application

(2) A chamber application shall be served on all interested parties and proof of service
thereof filed with the registrar, within ten days of filing the application unless the
defendant or respondent, as the case may be, has previously had due notice of the order
sought and is in default or unless the applicant reasonably believes one or more of the
following—

(a) that the matter is uncontentious in that no person other than the applicant can
reasonably be expected to be affected by the order sought or object to it;
(b) that the order sought is—
(i) a request for directions; or
(ii) to enforce any other provision of these rules in circumstances where no other
person is likely to object; or
(c) that there is a risk of perverse conduct in that any person who would otherwise be
entitled to notice of the application is likely to act so as to defeat, wholly or partly,
the purpose of the application prior to an order being granted or served;
(d) that the matter is so urgent and the risk of irreparable damage to the applicant is so
great that there is insufficient time to give due notice to those otherwise entitled to
it;
(e) that there is any other reason, acceptable to the judge, why such notice should not
be given.
(3) Where an applicant has not served a chamber application on another party because he
or she reasonably believes one or more of the matters referred to in subrule (2)(a) to (e)
of this rule, he or she shall briefly set out the grounds for his or her belief in his or her
application; and fully in his or her founding affidavit annexed to the application

Heads of argument in chamber applications

(4) A chamber application may be accompanied by heads of argument clearly outlining

the submissions relied upon and setting out the authorities which justify the application
being made without notice and in support of the order sought.
 Opposed chamber applications
(5) Where a chamber application is opposed, the registrar shall refer the matter to
the opposed roll and the procedure followed with regards to opposed court
applications shall apply mutatis mutandis.
Urgent applications
(6) Where an urgent chamber application has been filed, the registrar shall
immediately submit it to the duty judge handling urgent applications who shall
consider the papers forthwith.
(7) Where a chamber application is not urgent, the Registrar shall, in the normal course of
events, but without undue day, submit it to a judge who shall consider the papers without
undue delay.
Consideration of applications
(8) A judge to whom papers are submitted in terms of subrules (6) or (7) may—
(a) require the applicant or the deponent of any affidavit or any other person who may,
in his or her opinion, be able to assist in the resolution of the matter to appear
before him or her in chambers or in court as may to him or her seem convenient
and provide, on oath or otherwise as the judge may consider necessary, such further
information as the judge may require;
(b) require either party’s legal practitioner to appear before him or her to present such
further argument as the judge may require:

Provided that a judge to whom a chamber application has been referred shall
deal with the matter to finality whether or not opposing papers have been filed
by interested parties.
Provisional order
(9) Where in an application for a provisional order the judge is satisfied that the papers
establish a prima facie case he or she shall grant a provisional order either in terms of the
draft filed or as varied.
(10) Before granting a provisional order a judge may require the applicant to give
security for any loss or damage which may be caused by the order and may order such
additional evidence or information to be given as he or she considers fit.
Form and content of provisional order
(11) Subject to subrule (10), a provisional order shall—
(a) be in Form No 26; and
(b) be accompanied by terms of final order which shall be on Form No. 26A;
 (c) specify upon whom copies of the provisional order and the application, together
with all supporting documents, shall be served and, if service is not to be effected
in terms of these rules, how service is to be effected; and
(d) specify the time within which the respondent shall file a notice of opposition if he
or she opposes the relief sought.
(12) The provisions of rule 59 shall apply with the necessary changes to the enrolment
and hearing of a matter consequent upon the issue of a provisional order referred to in
sub rule (11):
Provided that, where the applicant has justified 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.
(13) Where a provisional order relates to the sequestration of an estate, the winding up of
a company or any other matter in which interested parties generally are to be given an
opportunity to oppose the granting of a final order, the provisional order shall—
(a) be in Form No. 27; and
(b) specify the date and place at which the court will hear argument on the
confirmation of the provisional order; and
(c) specify the manner in which the provisional order is to be published and, where
appropriate, the persons on whom copies of the provisional order, together with all
supporting documents, are to be served.
Queries by a Judge
(14) In determining the fate of a chamber application, a Judge may raise such queries as
he or she may consider pertinent to the disposal of the application.

(15) Any query raised in terms of subrule (14) above shall be attended to promptly and,
in any event, not later than thirty days from the date on which the query was raised.
(16) Where a query so raised by a Judge has not been attended to within the period
stipulated in subrule (14), the chamber application shall be deemed abandoned and
therefore dismissed.
Where application is not urgent
(17) Where a matter is brought as an urgent chamber application and, the Judge is of the
view that the matter is not urgent, the Judge shall remove the application from the roll of
urgent applications.
(18) An application that has been removed from the roll by reason that it is not urgent
shall be transferred to the roll of ordinary court applications and it shall not be necessary
for the applicant to file a fresh court application:
Provided that rule 59 shall apply to the prosecution of the application after it is
deemed not to be urgent and—
(a) the applicant shall make necessary amendments to the application in
compliance with rule 59; and
(b) proceed to serve the respondent with the amended application who shall be
entitled to respond within the time specified in rule 59(5).
Deceased estates, persons under a disability, minors etc
Applications in connection with deceased estates, liquidators or trustees
61(1) In the case of an application in connection with—
(a) the estate of a deceased person; or
(b) the appointment or substitution of a provisional trustee in insolvency or of a
provisional liquidator of a company or of a trustee of other trust funds;
a copy of the application shall be served on the Master not less than ten days before
the date of set down for his or her consideration, and for a report by him or her if he
or she considers it necessary or the court requires such a report;
(c) in any application referred to in subrule (1), where the name of any person is to be
suggested to the court as curator bonis, such name shall be referred to in the
application or otherwise submitted to the Master for his or her approval.
Applications involving persons under disability or minors
(2) In the case of any application in connection with—
q. the estate of a person alleged to be prodigal or under any disability, mental or
otherwise, or
r. a minor;
a chamber application, annexing the written consent of the person proposed to be
appointed, shall first be made for the appointment of a curator ad litem.
Service of application on the Master
(3) A copy of a chamber application in terms of subrule (2) shall be served on the Master,
who shall make a written report to the judge.
Provided that a judge may, on good cause shown, dispense with the requirements for the
appointment of a curator ad litem
(4) After the appointment of a curator ad litem following a chamber application in terms
of subrule (1), a copy of the substantive application shall be served on him or her and,
after he or she has conducted such investigation as may be necessary, he or she shall
prepare a written report which shall be filed with the registrar and a copy served on the
applicant and all other interested parties.
Time frame for filing notice of opposition
(5) The time within which a respondent shall be required in terms of paragraph (a) of
subrule (4) of rule 59 to file a notice of opposition to an application in terms of paragraph
(a) shall commence to run from the date of service upon him or her of the report of the
curator ad litem in terms of paragraph (c).
Master’s Report
(6) Where the master has been served with any application in terms of this rule, the
master shall, within ten days, or any shorter or longer period as the judge or court
may specify, submit his or her written report to the registrar.
(7) The report prepared by the master in terms of this rule shall give adequate
reason whether or not the relief sought is in the interest of justice.
(8) The court or judge may direct the master to provide such further detail as the
court or judge may require
Service on Registrar of Deeds
(9) In the case of any application in connection with the performance of any act in a
deeds registry, a copy of the application shall be served on the Registrar of Deeds
concerned not less than ten days before the date of set down for his or her consideration,
and for report by him or her if he or she considers it necessary or the court requires such
report.
Reviews
Review proceedings by way of court application
62 (1) Save where any law otherwise provides, any proceedings to bring under review
the decision or proceedings of any inferior court or of any tribunal, board or officer
performing judicial, quasi-judicial or administrative functions, shall be by way of
court application directed and delivered by the party seeking to review such decision
or proceedings to the magistrate, presiding officer or chairperson of the court, tribunal
or board or to the officer, as the case may be, and to all other parties affected.
Contents of such application
(2) The court application shall state shortly and clearly the ground upon which the
applicant seeks to have the proceedings set aside or corrected and the exact relief prayed
for all of which shall appear on the face of the court application.
Application of rules 57 – 61 to reviews
(3) Rules 57, 58, 59, 60 and 61 shall apply to any application made in terms of this rule.
 Time within which proceedings to be instituted
(4) Any proceedings by way of review shall be instituted within eight weeks of the
termination of the suit, action or proceedings in which the irregularity or illegality
complained of is alleged to have occurred:
Provided that the court may, for good cause shown, extend the time.
Preparation and lodging of record and fees
(5) 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
twelve days of the date of service of the application for review, lodge with the registrar a
scanned electronic copy of the original record, together with a transcribed electronic copy
duly certified as true and correct.
Provided that it shall be the responsibility of the party seeking review to make a follow
up in order to ensure compliance with this subrule.
(6) The electronic record shall be clearly typed on A4 size double spaced in black record
ink and on one side of the paper only. The record shall be paginated from the first to the
last page whether the pages contain evidence or not, and at the top of each page
containing evidence the name of the witness giving such evidence shall appear.
(7) Every tenth line of each page of the copies of the record shall be numbered in the left
hand margin.
(8) The evidence in the original record shall be paginated from the first to the last page.
(9) Every record shall contain a complete and correct index of the evidence and of all
documents and exhibits in the case, the nature of the exhibits being briefly stated in the
index.
(10) Every record shall disclose the names of the parties, the court or public body whose
proceedings are being brought on review and the names of the legal practitioners of the
parties.
(11) Bulky records shall be divided into separate conveniently sized volumes numbered
consecutively.
(12) Merely formal documents shall be omitted, and no document shall be set forth more
than once.
(13) The registrar may refuse to accept copies of records which do not, in his or her
opinion, comply with the provisions of this rule.
Omission of exhibits and portions of documents by consent
(14) By consent of the 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. Such
consent, setting out that part of documents have been omitted, shall be signed by the
parties or their legal practitioners and filed with the registrar at the time of the filing of
the aforesaid copies.
Interpleader
Interpretation of rule 63
63 (1) In this rule—
“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 subrule (2).
Interpleader notice in conflicting claims
(2) Where any person alleges he or she holds any property or is under any liability in
respect of which he or she is or expects to be sued by two or more persons making
adverse claims in respect of the property or liability, he or she may deliver to the
claimants a notice and an affidavit setting out the matters referred to in subrules (7) and
(8) respectively.
(3) With regards to conflicting claims in respect of property attached in execution, the
Sheriff shall have the rights of an applicant and an execution creditor shall have the rights
of a claimant.
Duties of applicant according to subject matter of claims
(4) Where the claims relate to money the applicant shall be required, on delivering the
notice mentioned in subrule (2), to pay the money to the registrar who shall hold it until
the conflicting claims have been decided.
(5) Where the claims relate to a thing capable of delivery the applicant shall tender the
subject matter to the registrar when delivering the interpleader notice or take such steps
to secure the availability of the thing in question as the registrar may direct.
(6) Where the conflicting claims relate to immovable property the applicant shall place
the title deeds thereof, if available to him or her, 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 agreement of the
claimants.
Contents of notice
(7) The interpleader notice shall—
(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 subrule (6) of rule 59; and
(c) state that the applicant is applying for the court’s decision as to his or her liability
or the validity of the respective claims.
Affidavit by applicant
(8) There shall be delivered together with the interpleader notice an affidavit stating that
the applicant—
(a) claims no interest in the subject matter in dispute other than for charges and costs;
(b) does not collude with any of the claimants;
(c) is willing to deal with or act in regard to the subject matter of the dispute as the
court may direct.
Effect of not delivering particulars
(9) Where a claimant does not deliver particulars of his or her claim in terms of subrule
(7)(b), he or she shall be barred.
Application of rules 57 – 59
(10) Rules 57, 58 and 59 shall apply to any application made in terms of this rule.
Powers of court
(11) Where a claimant to whom an interpleader notice and affidavit have been delivered
has failed to file and serve a notice of opposition in terms of subrule (5) of rule 59 or is in
default of appearance at any hearing of the matter, the court may make an order declaring
him or her and all persons claiming under him or her barred as against the applicant from
making any claim on the subject matter of the dispute.
(12) At the hearing of any matter in terms of this rule, the court may—
(a) adjudicate upon the claim after hearing such evidence as it considers fit;
(b) order that any claimant be made a defendant in any action already commenced in
respect of the subject matter in dispute in place of or in addition to the applicant;
(c) order that any issue between the claimants be stated by way of a special case or
otherwise, and tried, and for that purpose, order which claimant shall be plaintiff
and which shall be defendant:
 Provided that, in making such order the court may leave any question of onus of
proof for determination at the trial;
(d) if it considers the matter is not a proper matter for relief by way of an interpleader
notice, dismiss the application;
(e) make such order as to costs and any expenses incurred by the applicant in terms of
subrule (5) as it considers fit.
Effect of interpleader notice issued by defendant in action
(13) If an interpleader notice is issued by a defendant in an action, proceedings in that
action shall be stayed pending a decision upon the interpleader, unless the court upon, an
application made by any other party to the action, otherwise orders.
(14) Strict compliance with the time frames for the filing of documents provided for in
the rules shall be adhered to in an interpleader application made in terms of this rule in
order to minimise the costs of storage of goods where removal has taken place.
Heads of arguments
(15) The applicant shall, within five days of service of the notices of opposition and
opposing affidavits, file with the Registrar heads of argument, where the applicant is
represented by a legal practitioner, and serve them on the other parties.
(16) The other parties to the application made in terms of this rule shall, within a further
five days of service of the applicant’s heads of arguments, file with the Registrar their
heads of argument where they are represented by a legal practitioner and serve them on
the applicant and other interested parties, if any.
Set down and allocation of hearing date by the Registrar
(17) Upon receipt of heads of argument filed in terms of subrule (16) the applicant shall,
within a further five days submit a request for the setting down of the interpleader
application.
(18) Upon receipt of a request made in terms of subrule (17), the Registrar shall, in
consultation with the Judge to whom such matter has been allocated, allocate a date of
hearing as soon as possible and in any event, not later than thirty days from the date of
receipt of the request for set down.
PART IX
SETTING DOWN, ADJOURNMENTS AND POSTPONEMENTS OF MATTERS
Setting down of matters on notice
64 (1) In this Part of the rules “business day” means any day which is not a Saturday,
Sunday or a Public Holiday.
Setting down of unopposed matters on notice
(2) Subject to subrule (4) of rule 65—
a. uncontested cases for provisional sentence; and
b. summons for civil imprisonment; and
c. uncontested actions for divorce, judicial separation or nullity of marriage; and
d. cases set down for judgment in terms of subrules (1) and (2) of rule 24 and
rule 56 and;
e. applications in which a notice of opposition and opposing affidavit have not
been filed;
may be set down for hearing—
f. in Harare, on any Wednesday, by filing a notice of set down with the registrar
not later than the Thursday before the date of hearing:
Provided that, in Harare, all matters falling under paragraph (c) of this
subrule shall be set down for hearing on any Thursday, by filing a notice of
set down with the registrar not later than the Friday before the date of hearing
;
g. in Bulawayo, Masvingo, Mutare, Chinhoyi and any other station where the
High Court is situated, on any Thursday, by filing a notice of set down with the
registrar not later than the Monday before the date of hearing.
h. notice of set down shall either be given to the parties or their legal practitioners
personally, or sent by registered post or electronic mail to the address of
service supplied in terms of these rules.
Setting down of opposed matters
Request for set down
65 (1) Subject to subrule (14) of rule 59 a party seeking a set down of an exception,
application to strike out and an application which is opposed shall submit to the
registrar a request for a set down date and immediately notify the other party that he
or she has done so.
(2) Proof of payment for such set down shall be furnished to the registrar by the party
within five days of filing the request for a set down date.
Allocation of date for hearing
(3) Once a date becomes available for the hearing of the matter, the registrar shall, in
consultation with the judge to whom such matter has been allocated, allocate a date on
any business day for the matter to be heard and shall issue the notice of set down.
(4) The notice of set down issued by the registrar in terms of subrule (4) of this rule shall
be served by the sheriff in terms of rule 15.
(5) Subject to this rule, no application in which a notice of opposition and opposing
affidavit have been filed shall, without the consent of the respondent, be set down for
hearing less than eight court days after the notice of opposition and opposing affidavit
were filed.
(6) No contested matter shall be set down for hearing during vacation unless an
affidavit giving reasons for the hearing of the matter on an urgent basis is filed, and
the prior approval of a judge to the hearing of the matter has been obtained.
(7) With the consent of the parties and after consultation with the Judge President, or the
judge to whom the matter has been allocated, the registrar may set a matter down for
hearing on a day other than a day specified in this Part.
Set down of urgent cases
(8) Where an affidavit giving reasons for the hearing of a matter on an urgent basis
is filed, 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 this Part shall not apply or shall apply with such modifications as the court
or judge may direct.
Set-down of postponed cases
(9) Where a case has been postponed to a definite date the registrar shall place the case
on the roll for hearing on the date to which the case was postponed.
Set-down of incomplete cases
(10) No effect shall be given by the registrar to any request for a set down in terms of this
Part in respect of any matter if the papers are incomplete or have not been bound and
paginated except in cases set down in terms of subrule (8):
Provided that this subrule shall where a respondent successfully anticipate the returnday
of a provisional order.
Adjournments and postponements
66 (1) If for any reason it appears expedient to the Court that the hearing of any matter
should be adjourned or postponed, the Court may make any such orders as to
adjournments or postponements as it considers necessary.
(2) Where a Court either postpones a matter sine die or removes it or strikes it from the
roll, the Court shall direct what a party must do and the time frames by which the
directive must be complied with.
(3) Where a directive has not been given in terms of subrule (2) and a matter which has
been postponed sine die or removed from the roll is not set down within three months
from the date on which it was postponed sine die or removed from the roll, such matter
shall be regarded as abandoned and shall be deemed to have lapsed.
PART X
 MATRIMONIAL CAUSES
Application for contribution towards costs and maintenance pending litigation
67. (1) When a spouse is without means to prosecute or defend an action for divorce,
judicial separation or nullity of marriage, the court may, on application, order the other
spouse to contribute to his or her costs and, where necessary, to his or her maintenance
pending litigation, such sums as it deems reasonable and just.
(2) Such an application must be supported by an affidavit stating shortly the grounds of
the action or defence and that the applicant has insufficient means with which to
prosecute or defend the action, as the case may be, and insufficient means to support
himself or herself pending litigation, and any other information as may be available in
respect of the spouse’s financial position.
Hearing of evidence and powers of court
(3) At the hearing of the application the court may hear oral evidence if it considers it
necessary and may dismiss the application or make such order as it thinks fit to ensure a
just and expeditious resolution of the matrimonial matter.
Variation of order
(4) The court may, on application, vary its order made under this subrule in the event of a
material change taking place in the circumstances of either party or the contribution
towards costs proving inadequate.
Divorce, judicial separation or nullity of marriage.
Summons commencing actions
68. (1) The summons commencing an action mentioned in this Rule shall be issued in
Form No. 29 to which a copy of the plaintiff’s declaration shall be annexed.
Personal service of summons and declaration
(2) A summons and declaration in which a decree of divorce, judicial separation or nullity
of marriage is claimed shall be served personally on the person against whom the relief is
sought, unless service other than personal service has been authorised by the court or a
judge.
(2a) Where service other than personal service has been authorised by the court or a
judge, the court or judge shall give additional directions that the plaintiff serve a
copy of summons and declaration upon the defendant’s relative known to the
plaintiff whose name and address and relationship to the defendant shall be stated
in the order sought.
Effect of failure to enter appearance to defend
(3) In an action for divorce, judicial separation or nullity of marriage where the defendant
has failed to enter appearance within the prescribed time provided for in the summons,
the plaintiff wishing to obtain judgment shall file and deliver a notice in accordance with
Form No 28 calling upon the defendant if he or she wishes to defend, to purge his or her
failure to enter appearance and to plead, answer or except, or make claim in reconvention
within twelve days of the date of delivery of the notice, and informing him or her that in
default thereof judgment will be prayed for against him or her.
Set down of matter for trial
(4) Thereafter the plaintiff may set the case down for trial but shall serve a notice of set
down personally upon the defendant, and in such case the court shall not proceed to trial
unless it is satisfied that the matter has been set down for trial, or that for good and
sufficient reason, the giving of personal notice is impracticable.
Service on person alleged to have committed adultery with defendant
(5) In every case where the plaintiff’s claim is for a decree of divorce and where adultery
or other misconduct is alleged and the name of the person with whom the defendant is
alleged to have committed adultery or misconduct is given in the summons or
declaration, whether or not such person is joined in the suit as a co-defendant, a copy of
the summons and declaration shall be served on such person in the manner specified in
rule 16 and the court shall not proceed to trial unless it is satisfied either that this subrule
has been complied with or that, for good and sufficient reason, compliance therewith is
impracticable.
(6) Where in any proceedings other than those referred to in subrule (5) 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 mentioned in such
document, the provisions of subrule (5) shall, with the necessary changes, apply.
Judge may interview parties in chambers
(7) In a matrimonial matter, the judge hearing the case may interview the parties
privately in his or her chambers in the presence of their legal practitioners where
represented for the purpose of discussing with them a settlement of the matter, or any
other matter affecting the future conduct of proceedings.
Interview of children in chambers in cases affecting custody
(8) In a case which affects the custody of a child the judge hearing the case may, if he or
she considers fit, interview the child concerned privately in his or her chambers and may
thereafter give directions as he or she considers fit.
Case may be heard in chambers or out of public view
(9) In a matrimonial case, or a case affecting the custody of a child, the court hearing the
case may order that members of the public and the media be excluded from the
proceedings if such a course appears to be desirable.
(10) In a matrimonial matter, the judge may, in his or her discretion, hear the case in his
or her chambers or in any other suitable room:
Provided that the hearing shall be open to members of the public.
Matrimonial matters: when oral evidence unnecessary
(11) In an unopposed matrimonial case, it shall not be necessary for the plaintiff to give
oral evidence if, not later than ten o’clock in the morning—
(a) where the case is set down for hearing in Harare, on the Friday immediately
preceding the Thursday on which the case is set down;
(b) where the case is set down for hearing in Bulawayo, Masvingo, Mutare, or
Chinhoyi or any other station where the High Court is situated, on the Tuesday
immediately preceding the Thursday on which the case is set down;
the plaintiff files with the registrar an affidavit setting out the evidence on which he or
she relies, to which he or she shall annex his or her marriage certificate, the original
consent paper, if any, and any other documentary evidence needing to be adduced:
Provided that the court may require the plaintiff to give oral evidence and may postpone
the matter for that purpose.
PART XI
EXECUTION OF JUDGMENTS
Writ of execution – general
69. (1) The process for the execution of any judgment for the payment of money, for
the delivery of money, for the delivery up of goods or premises, or for ejectment,
shall be by writ of execution signed by the registrar and addressed to the sheriff, in
accordance with one or other of Forms Nos. 32 to 39.
When writ may be sued out
(2) One or more writs of execution may be sued out at his or her own risk by any person
in whose favour any such judgment has been pronounced if such judgment is not then
satisfied or suspended.
Duration of writ
(3) A writ of execution:
(a) shall not be issued after the judgment has superannuated, that is, after the expiry of a
period of three years from the date on which the judgment was issued, unless the
judgment has first been revived; and
(b) once issued, the writ shall remain in force until such time as the judgment has been
fully satisfied or has prescribed.
Execution for costs only upon taxation/agreement
(4) 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:
Provided that—
(a) 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;
(b) if such costs have not been taxed and the original bill of costs, duly allocated, not
lodged with the sheriff before the day of any sale under such writ, such costs shall
be excluded from the account and plan of distribution.
Attachment of immovable property
(5) It shall not be necessary to obtain an order of court declaring a judgment debtor’s
immovable property executable or to sue out a separate writ of execution in order to
attach and take in execution the immovable property of any judgment debtor but, where
so desired, the judgment creditor may sue out one writ of execution for the attachment of
both movable and immovable property, provided that the sheriff shall not proceed to
attach in execution the immovable property of the judgment debtor unless and until he or
she has, by due inquiry and diligent search, satisfied himself or herself that there is no or
insufficient movable property belonging to the judgment debtor to satisfy the amount due
under the writ.
(6) The provision of subrule (5) shall not apply where execution is levied against
mortgaged property or where, by order of the court or a judge, the immovable property in
question has been declared executable.
Notice to be given before removal of goods or ejectment from premises
(7) The sheriff shall not—
(a) eject a judgment debtor from any premises pursuant to a writ of execution; or
(b) remove any goods from a judgment debtor’s premises following their attachment
in terms of subrule (4);
unless he or she has delivered to the debtor a notice in Form No. 40 giving him or her not
less than forty-eight hours’ notice of the proposed ejectment or removal:
Provided that—
(i) the sheriff may remove goods from a debtor’s premises if he or she has reasonable
grounds for believing that their immediate removal is necessary in order to prevent
 the debtor from concealing or disposing of any property in order to prevent its
removal;
(ii) an inadvertent failure by the sheriff to deliver or leave a notice in terms of this rule
shall not invalidate any attachment, sale in execution or ejectment in accordance
with a writ of execution.
Writ may be withdrawn or suspended
(8) A writ of execution may, on payment of the fees incurred, be withdrawn or suspended
at any time by notice to the sheriff by the party who has sued out such writ.
(9) Where more than one writ has been lodged with the sheriff in respect of any property
to be sold in execution, the sheriff shall not cancel or consent to the cancellation of the
sale in execution unless all the writs have been withdrawn or suspended in terms of
subrule (8).
(10) Where an order or provisional order has been issued under subrule (10) of rule 70 in
regard to the sale of a dwelling as defined in that subrule, the writ of execution may be
withdrawn under subrule (8) at any time while the order or provisional order, as the case
may be, remains in force.
Process invalid if wrong person named
(11) Any process shall be invalid if a wrong person is named therein as a party but no
process shall be invalid merely by reason of the misspelling of any name therein or of
any error as to date.
Sheriff may require security when in doubt.
(12) Where the sheriff is in doubt as to the validity of an attachment or contemplated
attachment he or she may require that the party suing out the process shall give him or
her security to indemnify him or her.
Taxed costs and expenses of execution a first charge
(13) 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.
Proceeds of sale in execution: participation and ranking of writs
(14) Where movable or immovable property is to be sold in execution, a judgment
creditor wishing to participate in the proceeds of the sale shall lodge his or her writ with
the sheriff.
(15) No judgment creditor lodging a writ of execution with the sheriff, 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 or her said
writ by not later than the day immediately preceding the date of the sale in execution.
(16) Subject to any hypothec existing prior to attachment, all writs of execution lodged
with the sheriff, as the case may be, in accordance with subrule (15), shall rank at a
proportional rate in the distribution of the proceeds of the property or goods sold in
execution.
Procedure where property taken in execution claimed by third party
(17) If any property taken in execution is claimed by a third party as his or her property,
the Sheriff shall on receipt of the claim, forthwith give notice to the execution creditor.
(18) If the execution creditor gives the sheriff notice within two days thereafter that he
admits the claim, he or she shall not be liable for any costs, fees or expenses afterwards
incurred, and the sheriff may withdraw from possession of the property claimed.
Procedure where sheriff unable to make demand etc.
(19) Where the sheriff is unable to make any demand, serve any warrant or deliver or
exhibit any other document he or she or the judgment creditor shall make a chamber
application for directions as to the procedure to be followed.
Execution against movable property

Movable property that may be seized in execution

70(1) Subject to sections 21 of the Act, the Sheriff may, by virtue of a writ of execution, seize all
kinds of movable property, including money and bank-notes.
(2) The amount specified for the purposes of—
s. section 21, being the value of the execution debtor’s household utensils that may not
be seized, is level 8 of the Criminal Law Code Scale of Fines in force on the date of
the execution;
t. being the value of the execution debtor’s stock, tools and implements that may not be
seized in execution, is level 8 of the Criminal Law Code Scale of Fines in force on
the date of the execution.;
u. being the value of the execution debtor’s professional books, documents and
instruments that may not be seized in execution, is level 8 of the Criminal Law Code
Scale of Fines in force on the date of the execution.
Procedure for levying execution, inventory of attached goods and valuation
(3) The Sheriff shall, upon receiving a writ directing him or her to levy execution on movable
property, forthwith proceed to the dwelling house or place of business of the execution debtor,
unless the judgment creditor shall give different instructions regarding the situation of the assets
to be attached and there demand satisfaction of the writ, or else require that so much movable
property be pointed out as the sheriff may deem sufficient to satisfy the exigency of the writ, and
if such last mentioned request is complied with, the said sheriff shall make an inventory and
valuation of such movable property but if the debtor does not point out such property, the said
Sheriff shall immediately make an inventory and valuation of so much of the movable property
belonging to the debtor as he or she may deem sufficient to satisfy the writ.
(4) So far as may be necessary to the execution of any such writ, the Sheriff may open any door
of or within any premises, and if the opening is refused or if there is no person there who
represents the execution debtor, the Sheriff may, if necessary, use force to that end.
(5) Any such writ may be served in any of the manners provided for by subrule (2) of rule 16:
Provided that if satisfaction of the writ was not demanded from the execution debtor personally,
the Sheriff shall give the execution debtor written notice of the attachment and a copy of the
inventory made by him or her, unless his or her whereabouts are unknown.
(6) When the foregoing requirements of subrule (3) have been complied with by the Sheriff, the
goods so inventoried by him or her shall become and be judicially attached.
(7) The Sheriff shall deliver a copy of the said inventory and a notice of attachment to the debtor,
subject to the provisions of subrule (8), or leave the same on the premises.
(8) Where coinage is found and attached, the number and kinds thereof shall be specified in the
inventory and, where any documents are attached, they shall also be specified and such coinage
or documents shall be sealed up and conveyed to the office of the Sheriff.

Undertaking by debtor to produce property on day of sale

(9) Where any person whose movable property has been so attached undertakes in writing,
together with some sufficient surety, that the same shall be produced on the day appointed for the
sale thereof, if the judgment creditor is not sooner satisfied in respect of his or her judgment
debt, then the Sheriff shall leave the said property so attached and inventoried as aforesaid, other
than specie or documents, upon the premises where the same was found. The said security shall
be in Form No.41.

Procedure where no undertaking by debtor to produce property

(10) Subject to subrule (6) of rule 69, if the debtor will not so undertake, together with a
sufficient surety, to produce the said goods—
(a) the Sheriff shall either remove the same to some convenient place of security, or, if the
same are cattle or such property as may be inconvenient to remove, he or she may leave
the same upon the premises in the charge and custody of some person appointed by him
or her until the day appointed for the sale thereof;
(b) where the Sheriff is instructed by the judgment creditor to remove the goods attached, he
or she shall do so within forty-eight hours after the attachment and shall, in the
meantime, leave the same in the charge and custody of some person appointed by him or
her;
(c) such a custodian shall not use, let or lend the attached goods, nor permit them to be used,
let or lent, nor may he or she in any way do anything which will decrease their value,
and, if the goods attached have produced any profit or increase, the custodian shall be
responsible for any such profit or increase in like manner as he or she is responsible for
the goods originally attached;
 (d) if such a custodian makes a default in his or her duty, he or she shall not be entitled to
recover any remuneration for his or her charge and custody.
Conditions regarding sale of movable property
(11) Unless the court or a judge otherwise directs or the parties agree to the contrary, any
movable property sold in execution shall be sold publicly and for ready money by the Sheriff to
the highest bidder through an electronic auction system as may be advantageous for the sale
thereof and the said Sheriff shall publish the notice of sale in a newspaper circulating in the
country and the IECMS website.

Appointment of day for sale

(12) The day for the start of the sale shall not be less than twelve (12) days after the time of the
seizure or attachment and thereafter bids for the electronic auction shall be by public auction
without reserve and shall be held online by the placement of bids from 0000 hours until 2359
hours when bidding closes.

When sale to be stopped

(13) A sale in execution shall be stopped as soon as sufficient money has been raised to satisfy
the said warrant and the costs of the sale.

Disposal of any balance in hand

(14) If the Sheriff has a balance in hand after payment of the judgment creditor’s claim and costs
he or she shall pay the same to the judgment debtor if he or she can be found and if not, he or she
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.

Interest in partnership and partnership property

(15) Where a judgment debtor is a partner in a firm and the judgment is against him or her for a
separate debt, a judge may, after notice to the judgment debtor and to his or her firm by the
judgment creditor, appoint the Sheriff as receiver to receive any moneys payable to the judgment
debtor in respect of his interest in the partnership and—
(a) such appointment shall, until the judgment debt is satisfied, operate as an attachment of
the interest of the judgment debtor in the partnership assets;
(b) where the judgment is against a firm, the partnership property shall first be exhausted, so
far as it is known to the judgment creditor, before the judgment is executed against the
separate property of the partners.
Attachment of incorporeal property
(16) If incorporeal property, whether movable or immovable, is available for attachment, it may
be attached in the manner hereafter provided without the necessity of a prior application to court:
Provided that a debt due or accruing for salary or wages shall not be so attached.
 Attachment of lease, bill of exchange, promissory note, bond or other security
for payment of money
(17) Where the property or right to be attached is a lease or a bill of exchange, promissory note,
bond or other security for the payment of money, the attachment shall be complete only when—
(a) notice has been given by the Sheriff to the lessor and lessee, mortgagor or mortgagee or
person liable on the bill of exchange or promissory note or security, as the case may be;
and
(b) the sheriff has taken possession of the writing (if any) evidencing the lease, or of the bill
of exchange or promissory note, bond or other security, as the case may be; and
(c) in the case of a registered lease or any registered right, notice has been given to the
Registrar of Deeds.
Attachment of property pledged, leased or sold under suspensive condition to or
by 3rd party
(18) 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 has served on the execution debtor and on
the third person notice of the attachment with a copy of the warrant of execution. The Sheriff
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.

Attachment of all other incorporeal property or incorporeal rights in property

(19) 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 to all interested
parties and where the asset consists of incorporeal immovable property or an
incorporeal right in immovable property, notice shall also be given to the
Registrar of Deeds in whose deeds registry the property or right is registered; and
(ii) the Sheriff shall have taken possession of the writing or document evidencing the
ownership of such property or right, or shall have certified that he or she has been
unable, despite diligent search, to obtain possession of the writing or document;
(b) the Sheriff may upon exhibiting the original of the warrant of execution to the person
having possession of property in which incorporeal rights exist, enter upon the premises
where such property is and make an inventory and valuation of the right attached.
Attachment of property subject to lien
(20) Attachment of property subject to a lien shall be effected with the necessary changes in
accordance with subrule (19)(b).

Sale of property subject to real right of third person

(21) Where property subject to a real right of any third person is sold in execution, such sale
shall be subject to the right of such third person unless he or she otherwise agrees.

Execution against immovable property

When writ of execution may be executed upon

71(1) No writ of execution against the immovable property of any judgment debtor shall be
executed upon until—
(a) a return shall have been made of any process which may have been issued against the
movable property of the judgment debtor from which it appears that the judgment debtor
has not sufficient movable property to satisfy the writ; or
(b) such immovable property has been declared to be specially executable by the court or, in
the case of a judgment granted in terms of rule 23, by the registrar.
Writ to state full description and location of property
(2) A writ of execution against immovable property and mining claims shall state the full
description of the nature and situation (including the address) of the property and claims sought
to be attached sufficiently to enable it to be identified and shall be in Form No. 34.

Mode of attachment of immovable property

(3) The method of attachment of immovable property, including a mining claim, shall be by
notice served by the Sheriff , together with a copy of the writ of execution, upon—
(a) the owner of the property; and
(b) the Registrar of Deeds or officer charged with the registration of such property; and—
(c) for the purposes of the notice, the Sheriff may require the execution debtor to deliver to
him or her all documents that relate to the execution debtor’s title to the property under
attachment;
(d) if the immovable property concerned is occupied by a person other than the owner, notice
of the attachment shall also be served on the occupier;
(e) the notices referred to in this subrule shall be in Form No. 42 or 43, as may be
appropriate, and may be served in any of the ways provided for in rule 15.
Procedure following attachment
(4) Where immovable property has been attached, the party at whose instance the attachment
was made shall deliver to the Sheriff the notice and writ of execution by which attachment was
made.
(5) Subject to subrule (10), upon receiving the documents referred to in subrule (4) the Sheriff
shall ascertain and record 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 or her in writing therein.
(6) If the Sheriff finds that a caveat has been lodged in respect of the immovable property
concerned, he or she shall notify the person at whose instance it was lodged that the immovable
property has been attached:
Provided that the Sheriff may require the party at whose instance the property was attached to
give the notification required by this subrule.

Immovable property subject to preferential claims

(7) No immovable property which is subject to any claim preferent to that of the execution
creditor shall be sold in execution unless—
(a) the execution creditor has caused a notice in writing of the intended sale to be served
upon the preferent creditor if his or her address is known and if, the property is rateable,
upon the local authority concerned calling upon them to stipulate, within ten days of the
date to be stated, a reasonable reserve price or to agree in writing to a sale without
reserve and has provided proof to the Sheriff that the preferent creditor has so stipulated
or agreed; or
(b) the Sheriff is satisfied that it is impossible to notify any preferent creditor, in terms of this
subrule, of the proposed sale, or such creditor, having been notified, has failed or
neglected to stipulate a reserve price or to agree in writing to a sale without reserve as
provided for in this subrule within the time stated in such notice.
Notice of sale to judgment or execution creditor
(8) Not less than 10 days prior to the sale, the Sheriff conducting the sale shall forward by
registered post a copy of the notice of sale to every judgment or execution creditor who had
caused the said immovable property to be attached and to every mortgagee thereof whose
address is known and simultaneously furnish a copy of the notice of sale to all other Sheriffs
concerned.

Notice of district where writ issued is situated

(9) Not less than ten days prior to the date of the sale, the sheriff conducting the sale shall affix a
copy of the notice on the notice board of the Magistrates Court of the district in which the
property is situate, or if the property be situate in the district in which the court out of which the
writ issued is situate, then on the notice-board of such court.

Sheriff to notify Housing Secretary of attachment of dwelling

(10) Upon receiving documents and particulars in terms of subrule (3) relating to the attachment
of a dwelling, the Sheriff shall forthwith send to the Secretary—
(a) written notification that the dwelling has been attached in terms of this rule and is to be
sold in execution; and
(b) copies of all documents and particulars relating to the dwelling and shall take no further
steps in regard to the sale of the dwelling or the eviction of the occupants for a period of
ten days.
Stopping of sale to facilitate settlement
(11) If, within ten days after being sent notification in terms of subrule (10) the Secretary notifies
the Sheriff in writing that he or she proposes to satisfy or settle the execution creditor’s claim
from the National Housing Fund established by section 14 of the Housing and Building Act
[Chapter 22:07], the Sheriff shall—
(a) inform the execution creditor of the Secretary’s proposal; and
(b) take no further steps in regard to the sale of the dwelling concerned until a period of
thirty days has elapsed from the date on which he or she sent written notification to the
Secretary in terms of subrule (10).
(12) Within the thirty-day period referred to in subrule (11) (b), the Secretary may make a
chamber application to a judge for an order staying the sale of the dwelling concerned and if the
judge is satisfied that there is a reasonable probability that the execution creditor’s claim will be
satisfied or settled from the National Housing Fund established by section 14 of the Housing and
Building Act [Chapter 22:07], the judge may issue a provisional order directing that the sale
shall not take place for a period of three months or such shorter period as may be specified in the
order, pending confirmation of the order.
(13) A provisional order issued under subrule (12) shall—
(a) be served on all interested parties and additionally, or alternatively, be published in such
manner as the judge may direct; and
(b) call upon any interested party who wishes to oppose confirmation of the order to file a
notice of opposition within such period as is specified in the provisional order; and
(c) not be confirmed unless—
(i) the execution creditor’s claim has been satisfied; or
(ii) there is an undertaking from the Secretary that the claim will be settled within three
months from the National Housing Fund established by section 14 of the Housing and
Building Act [Chapter 22:07].
Urgent chamber application for postponement or suspension
(14) Without derogation from subrules (11) or (13), where the dwelling that
has been attached is occupied by the execution debtor or members of his
family, the execution debtor may, within ten days after the service upon him
or her of the notice in terms of subrule (3), make an urgent chamber
application in accordance with rule 60 for the postponement or suspension of
—
(a) the sale of the dwelling concerned; or
(b) the eviction of the occupants;
and the execution debtor shall serve the Sheriff and execution creditor with a
copy of the urgent chamber application.
(15) Upon being notified of an application in terms of subrule (14), the Sheriff shall take no
further steps in regard to the sale of the dwelling concerned or the eviction of its occupants, as
the case may be, pending the determination of the application.
 Powers of court on hearing of urgent chamber application in terms of subrule
(14)
(16) If, on the hearing of an application in terms of subrule (14), the judge is satisfied—
(a) that the dwelling concerned is occupied by the execution debtor or his or her 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
(b) that—
(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
(iii) there is some other good ground for postponing or suspending the sale of the dwelling
concerned or the eviction of its occupants, as the case may be;
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 or she may specify.
(17) An application under subrule (12) or (14), and any proceedings for enrolment and hearing
consequent upon the issue of a provisional order under subrule (12), shall be treated as urgent,
and subrule (10) and the proviso to paragraph (b) of subrule (8) of rule 60, as the case may be,
shall apply accordingly.
(18) Notwithstanding any other provision of this rule, the Sheriff shall take all necessary steps to
comply with any order issued pursuant to subrule (12) and subrule (16).

Reckoning of time
(19) For the purpose of calculating any time limit under this rule—
(a) any period during which the Sheriff is required by paragraphs (b) of subrule (10), subrule
(11) or subrule (15) to take no steps in regard to the sale of any dwelling; and
(b) the period during which an order issued in terms of this subrule is in force;
shall be disregarded.

Delivery to Sheriff of documents relating to title

(20) The Sheriff may, by notice served by means of a registered letter, require the execution
debtor, or any other person in possession of documents relating to the title in the property
attached, to deliver up to him or her forthwith all such documents.

(21) If any person so required to deliver such documents fails to do so within a reasonable time
the sheriff may, on notice to such person, apply to the court for an order compelling such person
to deliver the documents.

Deposit with Sheriff in relation to costs

(22) The party instructing the Sheriff to sell immovable property in execution shall
provide the Sheriff with such deposit in relation to costs as the Sheriff may require and
shall comply with such further requests as the Sheriff may make.
Reimbursement of deposit
(23) The deposit so made shall be reimbursed to the party concerned out of the first
proceeds of the sale, if these are sufficient.
Nomination of auctioneer
(24) Upon receipt of a deposit in terms of subrule (22), the Sheriff shall conduct the sale
of the immovable property concerned.
Valuation of immovable property
(25) The sheriff may, if he or she deems it expedient, appoint some fit and proper person,
not being interested in the immovable property, to value the same and to report on oath to
him or her for his or her guidance such estimated value, and any party interested may, at
his or her own expense, in like manner furnish the sheriff with an independent valuation
of the property.
Conditions attaching to sale of property
(26) The Sheriff shall appoint a day and place for the sale of property, such day being,
except by special leave of the court, not less than one month after service of the notice of
attachment upon the execution debtor and he or she shall cause the sale to be advertised
at least once in the Gazette and in a newspaper circulating in the district in which the
property is situated and in such other manner as he or she may deem to be necessary and
in addition, the Sheriff shall also send to each holder of a mortgage over the property, by
registered letter addressed to his or her last known address, or to his or her legal
practitioner, notice of the date and venue of the sale.
(27) The conditions of sale shall be prepared by the sheriff, but it shall be competent for
the execution debtor or any other person having an interest in the sale to apply to a judge
in chambers, after due notice to the sheriff, for amendment of such conditions.
Sale by public auction without reserve
(28) The sale shall be by public auction without reserve and shall be held online by the
placement of bids from 0800 hours until 1700 hours when bidding closes.
Declaration of purchaser by Sheriff
(29) If the Sheriff is satisfied that the highest price offered is reasonable, having regard to
the circumstances of the time and place and to the state of the property market and that
the sale was properly conducted, he or she shall declare the highest bidder to be the
purchaser, subject to confirmation as hereinafter specified.
 Where purchaser fails to carry out obligations under conditions of sale
(30) If the purchaser fails to carry out any of his or her obligations under the conditions
of sale, including payment of the full purchase price, within a period not exceeding three
months from the date of declaration by the Sheriff, the sale may be cancelled by the
Sheriff, after due notice to the purchaser and the property may again be put up for sale.
(31) Such purchaser shall be responsible for any loss sustained by reason of his or her
default, which loss may, on the application of any aggrieved creditor whose name appears
in the Sheriff’s plan of distribution, be recovered from him or her under judgment
pronounced summarily on a written report by the Sheriff after such purchaser shall have
received notice in writing that such report will be laid before the judge for such purpose.
(32) If the purchaser is already in possession of the property, the Sheriff may make a
chamber application for an order ejecting him or her or any person claiming to hold
under him or her therefrom.
Sale otherwise than by public auction
(33) Where all persons interested including the judgment debtor consent thereto, or
otherwise with the consent of a judge, the Sheriff may sell immovable property attached
in execution otherwise than by public auction, if he or she is satisfied that the price
offered is fair and reasonable and that the property is unlikely to realise a larger sum by a
sale at public auction.
Sale by private treaty
(34) 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 subrule (29), 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 or she deems fair and reasonable.
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.
Confirmation or setting aside sale
(35) Subject to this subrule, any person who has an interest in a sale in terms of this rule
may request the Sheriff to set it aside on the ground that—
(a) the sale was improperly conducted; or
(b) the property was sold for an unreasonably low price; or
(c) on any other good ground.

(36) A request in terms of subrule (35) shall be in writing and lodged with the Sheriff
within fifteen days from the date on which the highest bidder was declared to be the
purchaser in terms of subrule (29) or the date of the sale in terms of subrule (33), as the
case may be:
Provided that the Sheriff may accept a request made after that fifteen-day period but
before the sale is confirmed, if he or she is satisfied that there is good cause for the
request being made late.
Form and content of request for setting aside sale
(37) A request in terms of subrule (35) shall—
(a) set out the grounds on which, according to the person making the request, the sale
concerned may be set aside; and
(b) be supported by one or more affidavits setting out any facts relied on by the
person making the request;
and copies of the request shall be served without delay on all other interested parties.
Opposition to request to set aside sale
(38) A person on whom a copy of a request has been served in terms of subrule (37) may,
within ten days after it was served on him or her, lodge with the Sheriff written notice
that he or she opposes the setting aside of the sale concerned.
(39) A notice in terms of subrule (38) shall—
(a) set out grounds on which the person who gives it opposes the setting aside of the
sale concerned; and
(b) be supported by one or more affidavits setting out any facts relied upon by the
person who gives it;
and copies of the notice shall be served without delay on the person making the request
and on such other persons as the sheriff may direct.
Written reply to opposition
(40) Within ten days after a copy of a notice has been served on him or her in terms of
subrule (38), the person making the request may lodge with the Sheriff a written reply
and, if he or she does so, shall without delay serve a copy of his or her reply, together
with any supporting documents, on the person opposing the request and on such other
persons as the Sheriff may direct.
Confirmation or cancellation of sale by Sheriff
(41) On receipt of a request in terms of subrule (37) and any opposing or replying papers
filed in terms of this subrule, the Sheriff shall advise the parties when he or she will hear
them and after giving them or their legal representatives, if any, an opportunity to make
their submissions, he or she shall either—
(a) confirm the sale; or
(b) cancel the sale and make such order as he or she considers appropriate in the
circumstances;
and shall without delay notify the parties in writing of his or her decision.
 Application to the Court for setting aside of sheriff’s decision
(42) Any person who is aggrieved by the Sheriff’s decision in terms of subrule (41) may,
within one month after he or she was notified of it, apply to the court by way of a court
application to have the decision set aside.
(43) Upon being notified of an application in terms of subrule (42), the Sheriff shall take
no further steps in regard to the confirmation or cancellation of the sale of the property
concerned pending the determination of the application.
Powers of court upon application
(44) In an application in terms of subrule (42), the court may confirm, vary or set aside
the Sheriff’s decision or make such other order as the court considers appropriate in the
circumstances.
Confirmation of sale
(45) Where no request has been lodged with the Sheriff in terms of subrule (35) within
fifteen days from the date on which the highest bidder was declared to be the purchaser in
terms of subrule (29) or the date of the sale in terms of subrule (33), as the case may be,
he or she shall, subject to this rule, confirm the sale.
Transfer of property sold
(46) Immediately after the sale has been confirmed and the conditions of the sale have
been complied with, the Sheriff shall proceed to give transfer of the property to the
purchaser against payment of the purchase money and upon performance of the
conditions of sale, shall sign all transfer papers in negotiable order and forward them to
his nominated conveyancer, and may do anything necessary to effect registration or
transfer and anything so done by him or her shall be as valid and effectual as if he or she
were the owner of the property.
Order of preference of claims and plan of distribution
(47) As soon as practicable after the sale the Sheriff shall proceed to determine the
several claims to the purchase money and shall state them in the order of their preference
in a plan of distribution thereof:
Provided that where the purchase money is payable in instalments the Sheriff may frame
such interim plans of distribution as to him or her may seem advisable to enable him or
her to effect without delay the distribution of any such instalment or instalments.
Plan of distribution to lie for inspection
(48) The plan of distribution shall lie in the office of the Sheriff for the inspection of
parties interested for fourteen days from a date to be notified by the Sheriff by
advertisement in the Gazette. 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 court, Bulawayo; and
(b) in the case of the Masvingo, Mutare and Chinhoyi magisterial provinces or in the
case of any other magisterial province, in the office of the registrar of the court,
Masvingo, Mutare and Chinhoyi or in any other office of the registrar of the
court at any other station duly established in any other magisterial province;
and
(c) in the case of any other magisterial province, in the office of the provincial
magistrate for that province.
Application to set aside or amend plan of distribution
(49) Any person having an interest in the proceeds of the sale and objecting to the plan of
distribution may make a court application to have it set aside or amended. Any such
person shall give due notice of the application to the Sheriff and other parties interested
stating the grounds of his or her objection, and on the hearing of the application the court
may make such order as it deems just.
Confirmation of plan of distribution
(50) If no objection is made to the plan of distribution within the time provided for that
purpose, the said plan shall be confirmed by the Sheriff.
Distribution of purchase money
(51) After the plan of distribution has been confirmed, the Sheriff shall proceed forthwith
to distribute the said purchase money accordingly, and shall pay over the surplus, if any,
to the debtor, taking proper receipts for all money so paid by him or her.
Powers of Sheriff to effect transfer of property to purchaser
(52) Whenever, if the sale had not been in execution, it would have been necessary for
the execution debtor to endorse a document or to execute a cession in order to pass the
property to the purchaser, the Sheriff may so endorse the document or execute the
cession, as to any property sold by him or her in execution.
(53) The Sheriff may also, as to immovable property sold by him or her in execution, do
anything necessary to effect registration of transfer.
(54) Anything done by the Sheriff under subrule (51) shall be as valid and effectual as if
he or she were the execution debtor.
Taxation of costs and review of taxation
Taxing officers
72(1) Every registrar shall be a taxing officer for the purpose of taxing costs and may
designate such persons as he or she considers fit and for whom he or she shall be
responsible as assistant taxing officers and any reference in this rule to a taxing officer
shall include an assistant taxing officer so designated.
(2) Every taxing officer in his or her taxation shall act in accordance with such
instructions as may from time to time be given by the court for that purpose.
Costs allowed
(3) With a view to affording the party who has been awarded an order for costs
reasonably incurred by him or her in relation to his or her claim or defence and to ensure
that all costs shall be borne by the party against whom such order has been awarded, the
taxing officer shall, on every taxation, allow all such costs, charges and expenses as
appear to him or her to have been necessary or proper for the attainment of justice or for
defending the rights of any party, but save as against the party who incurred the same, no
costs shall be allowed which appear to the taxing officer to have been incurred or
increased through over-caution, negligence or mistake, or by payment of a special fee to
another legal practitioner, or special charges and expenses to witnesses or other persons
or by other unusual expenses.
Services rendered, work done and disbursements
(4) A taxing officer may tax all bills of costs for services (other than conveyancing)
actually rendered by a legal practitioner or by a notary public in his or her capacity as
such, including disbursements made, whether in connection with litigation or not, and
whether the work was done before or after the date on which the rules came into
operation.
(5) In the taxation of costs as between party and party in respect of work done in
connection with judicial proceedings, a taxing officer shall be guided as far as possible by
the tariff of legal practitioners’ fees specified in the High Court (Fees and Allowances)
Rules:
Provided that no regard shall be paid to any amendment to the said tariff of fees if the
work concerned was done before the said amendment came into operation.
(6) The tariff of legal practitioners’ fees referred to in subrule (5) shall be reviewed and, if
necessary, amended and published as regularly as is necessary and in any event at least
once every year.
(7) In the taxation of costs in respect of work done in connection with any matter not
referred to in subrule (2), including the taxation of costs as between a legal practitioner
and his or her own client in respect of work done in connection with judicial proceedings,
a taxing officer shall be guided as far as possible by any tariff by the Law Society of
Zimbabwe or recommended by the Council of the Society under the Legal Practitioners
Act [Chapter 27:07].
(8) In taxing any costs under this rule, a taxing officer shall—
(a) allow disbursements made when they are reasonable and reasonably incurred; and
(b) take into account any tax or duty payable by the legal practitioner concerned in
respect of any fee or charge.
Charges for witnesses and qualifying expenses
(9) The charges for witnesses as fixed in the High Court (Fees and Allowances) Rules,
2000, as amended, are to be considered as payable to a witness by the party who
summoned or produced him or her and in the event of any such party being awarded his
or her costs against any other party, the said charges shall be allowed against such other
party in the taxation of costs.
(10) In the taxation of costs between party and party, no amount shall be allowed for any
witness whether for attendance or travelling expenses, unless there is produced to the
taxing officer proof that such amount has already been paid or tendered to or claimed by
such witness.
(11) In the taxation of costs between party and party, nothing shall be allowed for any
witness not examined unless upon proof that his or her evidence might reasonably have
been believed to be material and necessary.
(12) If a number of witnesses manifestly greater than was reasonably necessary have
been summoned by any party there shall only be allowed against the other party the
charges for such witnesses as were reasonably necessary.
(13) In the taxation of costs between party and party, no amount shall be allowed for any
witness in respect of personal attendance or travelling expenses if the fact or facts which
such witness is subpoenaed to prove have, before the issue of such subpoena, been
admitted to the party taking out the subpoena by the opposite party and such admission
shall be in writing, signed by the party making it or his or her lawful legal practitioner.
(14) When one person is a witness in more than one case heard on the same day, he or
she shall be entitled to no more than one fee for personal attendance and one allowance
for travelling expenses, which shall be equally divided between such cases.
(15) Qualifying expenses shall only be allowed under an order of court.
Notice of taxation
(16) Notice of taxation to the party against whom an order for costs has been awarded
shall be necessary in every case.
(17) 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 or her legal practitioner.
(18) When the dwelling house or place of business of the party against whom costs are to
be taxed is more than two hundred kilometres from the seat of the court, the time for
service of such notice shall be regulated by the periods laid by subrule (2) of rule 20.
(19) 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 mail, electronic mail or by courier.
(20) Except where notice of taxation is unnecessary under this rule, the taxing officer
shall not proceed to the taxation of any bill unless he or she 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 or she is entitled to be present thereat.
Party and party costs
(21) The taxing officer shall, unless the court when awarding costs orders otherwise,
allow as party and party costs—
(a) in any matter where another legal practitioner is briefed, the reasonable fee
consequent upon such employment:
Provided that he—
(a) may where he or she determines that such fee has not been reasonable or
necessarily incurred, disallow, in whole or inpart, 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
(b) shall give due consideration to—
(i) the volume of evidence (oral or written) dealt with by another legal
practitioner or which he could reasonably have expected to be called
upon to deal with;
(ii) the complexity of the facts or the law relevant to the case;
(iii) the presence or absence of scientific or technical problems, and their
difficulty if they were present;
(iv) any difficulties or obscurities in the relevant legal principles or in their
application to the facts of the case;
(v) the importance of the matter in issue, in so far as that importance may
have added to the burden of responsibility undertaken by that legal
practitioner.
(b) in any matter which does not conclude upon the first day, reasonable refreshers
for each day subsequent to the first.
Departure from tariff
(22) In the taxing of any party and party bill of costs, the court may authorise departures
from the tariff for good cause.
 Taxing officer may refer point to judge in chambers
(23) The taxing officer may, without filing any formal documents, submit any point
arising at a taxation for decision by a judge in chambers, and it shall be competent for the
taxing officer and for the legal practitioners who appeared at the taxation to appear before
the judge in respect of such point.
Review of taxation
(24) A party aggrieved by the decision of a taxing officer may apply to court within
fourteen days after the taxation to review such taxation. The application shall be by
court application citing the taxing officer and the opposite party as respondents, if
such opposite party was present at the taxation or if the court decides that such opposite
party should be represented.
(25) The taxing officer must, within ten days after having received the application, file a
report with the court and serve a copy of the report on all the parties to the
application.
(26) Subject to rule 59 the court application shall—
(a) specify the items forming the subject of the grievance;
(b) contain the allegation that each such item or part thereof was objected to at the
taxation by the dissatisfied party, or that it was disallowed on his or her own
initiative by the taxing officer;
(c) contain the ground of objection relied upon by the dissatisfied party at the
taxation, but not argument in support thereof; and
(d) contain any finding of fact which the dissatisfied party contends the taxing master
has made and which the dissatisfied party intends to challenge, stating the ground
of such challenge, but not argument in support thereof.
Powers of court on review of taxation
(27) The court deciding the matter may make such order as to costs of the case as it may
consider appropriate.

Imprisonment for debt

Issue of judgment summons

73(1) Where the Sheriff has issued a return of nulla bona or insufficient goods on a writ of
execution, the judgment creditor may cause to be issued a summons commanding the judgment
debtor to pay the amount of the judgment and, unless he or she does so, to show cause at a time
and place stated why an order for personal attachment shall not be decreed against him or her.
(2) The summons shall be in Form No. 45.

Return day of judgment summons

(3) If on the return day of the summons or any adjournment thereof the court is satisfied that the
judgment debtor has not paid the amount due, the court shall inquire, in accordance with subrule
(4) and in the presence of the judgment debtor or his or her legal practitioner, into the question of
the debtors’ failure to pay the amount due:
Provided that, if the judgment debtor has failed to appear, either in person or represented by a
legal practitioner, the court may grant an order for his or her personal attachment and
imprisonment, if the court is satisfied that the summons was served upon him or her personally.

Conduct of inquiry
(4) In an inquiry in terms of subrule (3), the court shall—
(a) call the judgment debtor to adduce evidence as to his or her financial position; and
(b) receive any evidence that may be adduced by or on behalf of the judgment debtor or the
judgment creditor in regard to the judgment debtor’s financial position and his or her
ability to pay the amount due, whether such evidence is adduced orally or by affidavit or
in any other manner that the court considers appropriate; and
(c) where evidence is adduced orally, permit the cross- examination of the witness
concerned.
Powers of court after inquiry
(5) After an inquiry in terms of subrule (4)—
(a) subject to section 16 of the Act and subrule (6), if the court is satisfied, having taken into
account the matters referred to in subrule (6), that the debtor has the means to pay or the
ability to earn the amount due, and that his or her failure or refusal to pay the amount due
is willful, the court may issue an order for the personal attachment and imprisonment of
the judgment debtor;
(b) if the court is not satisfied as provided in paragraph (a), the court shall refuse to make an
order referred to in that subparagraph.
(6) In determining the ability of a judgment debtor to pay the amount due, the court shall take
into account the following matters—
(a) the nature and extent of his or her income and assets; and
(b) the amounts needed by him or her for his or her necessary expenses and those of his or
her dependants; and
(c) any amounts needed by him or her to make payments in terms of any court order or
agreement; and
(d) if he or she is unemployed, the reason therefor; and
(e) if he or she is employed, whether a garnishee order would be appropriate, in which event
the court may adjourn the inquiry to enable proceedings for such an order to be instituted
in terms of rule 74.
Maximum period of imprisonment
(7) The court shall not order the imprisonment of a judgment debtor for an aggregate period
exceeding three months per write unless the court considers that there are special circumstances
which justify imprisonment for a longer period.
 Additional powers of court
(8) In proceedings under this rule, the court may—

(a) suspend, on such terms and conditions as the court considers appropriate, the
execution of an order for the personal attachment and imprisonment of a judgment
debtor;
(b) direct that the order may be reviewed on a specified date or after a specified period;
(c) grant such order, including an order as to costs, and give such directions, as the court
considers appropriate.
Failure to pay instalment
(9) Where an order has been made for the personal attachment of a judgment debtor, and its
execution suspended so long as certain instalments are paid, the registrar shall, before issuing a
writ, require the party applying therefor to satisfy him or her by affidavit that the debtor has
failed in due payment of any such instalment.

Two or more orders: imprisonment to be cumulative in effect

(10) Where there are two or more orders for personal attachment and imprisonment against the
same debtor such orders shall be cumulative, taking into the sequence of issue of the respective
writs of personal attachment, unless otherwise directed by the court.

Writ for personal attachment: form

(11) A writ for the personal attachment of a judgment debtor shall be signed by the registrar and
addressed to the Sheriff, and shall be in Form No. 46.

Execution of writ for personal attachment

(12) A writ for the personal attachment of a judgment debtor may be executed at any hour , on
any day, at any place:

Provided that such a writ shall not be executed against—

(a) a member of Parliament or an officer of Parliament as defined in section 2 of the
Privileges, Immunities and Powers of Parliament Act [Chapter 2:08] while such
member or officer is in actual attendance at Parliament or any committee thereof;
(b) a person entitled to immunity from personal attachment under the Privileges,
Immunities and Powers of Parliament Act [Chapter 2:08];
(c) a person upon whom immunity from personal attachment is conferred by any other
law;
(d) against any judge or magistrate in attendance in court or within court precincts.

Provide that when executing a writ for the personal attachment of a judgment debtor, the sheriff
or Sheriff shall ensure that the judgment debtor is given a copy of the writ.
Registrar may release debtor from prison in certain circumstances
(13) The registrar may release a judgment debtor from prison whenever it is shown to his or her
satisfaction that the judgment debtor has paid the judgment debt and all the costs which he or she
has been ordered to pay, or where the judgment creditor has failed to pay for the judgment
debtor’s maintenance, or where the judgment creditor consents to his or her release.

Release of debtor by court

(14) The court may grant the release of a judgment debtor for good cause shown by him or her in
a chamber application.
(15) The registrar and the officer- in- charge of the prison in which a judgment debtor is kept
shall afford the judgment debtor every facility to enable him or her to make an application under
subrule (14), including where necessary, providing, preparing and delivering documents and
serving process on his or her behalf.
Attachment of debts

Court Application for attachment of debt due to judgment debtor

74 (1) A judgment creditor who has obtained a judgment or order for the recovery or payment of
money, which judgment or order is unsatisfied, may make a court application for an order that
any money at present due or becoming due in the future to the judgment debtor by a third party
within the jurisdiction (hereinafter called “the garnishee”) shall be attached.
Preliminary notice of application where State is garnishee
(2) No sooner than fourteen days before applying for a garnishee order against the State for the
attachment of salary or wages owed by the State to a judgment debtor, the applicant shall cause
written notice of the application, together with the supporting documents that will be filed with
the application, including a copy of the judgment or order which created the judgment debt
concerned and the judgment creditor’s affidavit setting forth the amounts still due to him or her
in terms of the judgment or order, to be served on—
(a) the Director of the Salary Service Bureau and the head of the Ministry, department or
force in which the judgment debtor is employed, where the judgment debtor is employed
by the State otherwise than in the Zimbabwe Defence Forces or in Parliament; or
(b) the Chief Paymaster of the Zimbabwe Defence Forces or the Commander of the
Army where the judgment debtor is employed in the Zimbabwe Defence Forces; or
(c) the Director of the Salary Service Bureau and the Secretary to Parliament, where the
judgment debtor is a member of the staff of Parliament or is a Senator or a member of the
House of Assembly.
(3) A notice in terms of subrule (2) 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—
(a) his or her full names; and
(b) his or her employment code number or force number if known to the judgment
creditor; and
 (c) the ministry, department, force or institution in which he or she is employed, as
appropriate.
(4) As soon as possible but not later than ten days after receiving a notice in terms of subrule (2),
the Director of the Salary Service Bureau or the Chief Paymaster of the Zimbabwe Defence
Forces, as the case may be, shall send the applicant for the garnishee order and the judgment
debtor a notice setting forth—
(a) the amount of any money that is or will be payable to the judgment debtor by way of
salary or wages; and
(b) the amount and nature of any deductions required to be made from such salary or wages
by the Director or Chief Paymaster; and
(c) the earliest date from which any payment may be made in terms of a garnishee order.
Contents of application
(5) The court application shall call upon the garnishee and the judgment debtor to show cause
why the debt sought to be attached should not be attached, and shall be supported by an affidavit
by the judgment creditor or by his or her legal practitioner stating that judgment has been
granted against the judgment debtor, that it is still unsatisfied and the grounds for the
knowledge or belief of the deponent that the garnishee is or will be indebted to the judgment
debtor.
(6) Where an application for a garnishee order is made against the State for the attachment of
salary or wages owed by the State to a judgment debtor, there shall be annexed to the supporting
affidavit referred to in paragraph (a) a copy of the notice sent by the Director of the Salary
Service Bureau or the Chief Paymaster of the Zimbabwe Defence Forces, as the case may
be, in terms of subrule (4).

Service of notice and procedure

(7) The court application shall be served on the garnishee and on the judgment debtor and the
procedure laid down in Part VIII shall be followed.
(8) 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 paragraphs (a), (b) and (c) of subrule (2).
(9) Service on the judgment debtor may be made either at the address for service, if the
judgment debtor has appeared in the action and given an address for service, or if there has been
no appearance, then at his or her usual residence or place of business. A judgment creditor
shall serve the garnishee at the head office of the garnishee concerned.
Effect of service of application on garnishee
(10) Subject to the court’s order on application, due service of the court application on the
garnishee shall bind in his or her hands all debts then due or subsequently becoming due to the
judgment debtor, and any assignment or payment subsequent to such service made with the
object of defeating the proceedings hereunder may be declared by the court to be invalid:
Provided that, in the case of a garnishee order against the State for the attachment of salary or
wages owed by the State to the judgment debtor, service of the court application shall not bind
such debts in the hands of the garnishee until the date specified by the Director of the Salary
Service Bureau or the Chief Paymaster of the Zimbabwe Defence Forces, as the case may
be, in terms of paragraph (c) of subrule (4).

Admission of debt by garnishee

(11) If the garnishee admits the debt he or she may pay the amount thereof into court to await the
judgment of the court on the application.

Dispute of liability by garnishee

(12) If the garnishee disputes his or her liability, or admits his or her liability but has good cause
for the non-payment, the court may order that any issue or question necessary for determining
his or her liability be tried or determined in any manner in which any issue or question in an
action may be tried or determined.

Claims of third persons on debt

(13) Whenever in any proceedings to obtain an attachment of debts it is alleged by the garnishee
that the debt sought to be attached belongs to some third person, or that a third person has a lien
or charge upon it, the court may order such third person to appear and state the nature and
particulars of his or her claim upon such debt.
(14) After hearing the submission of any third person under such order as mentioned in subrule
(13), and of any other person who by the same or subsequent order the court may have ordered
to appear, or in case of such third person not appearing when ordered, the court may;
(a) order execution to issue to levy the amount due from such garnishee, together with the
costs of the garnishee proceedings: or
(b) direct that any issue or question be tried or determined according to the proceedings in
accordance with this rule,
and may bar the claim of such third person or make such other order as the court considers fit,
upon such terms, in all cases, with respect to the lien or charge, if any, of such third person, and
to costs, as the court considers just and reasonable.

Court may order debtor to pay in instalments

(15) Where the attachment relates to the salary or wages of the judgment debtor and he or she
shows that the attachment will not leave him or her and those dependent upon him or her a
sufficient amount for their maintenance, the court may make an order for payment by instalme
nts of such sum periodically as it decides will leave sufficient for the judgment debtor to
maintain himself or herself and those dependent upon him or her and in awarding the costs of the
proceedings the court may take into consideration the reasonableness or otherwise of any offer
made by the judgment debtor to pay by instalments out of his or her salary or wages.

Effect of payment made by or levied upon garnishee

(16) Payment made by or execution levied upon the garnishee under proceedings under this rule
shall be a valid discharge to him or her as against the judgment debtor, to the amount paid or
levied, although such proceedings may be set aside, or the judgment or order reversed.

Garnishee entitled to costs

(17) Save where the court decides that any opposition or other action by the garnishee has been
unreasonable, the garnishee shall be entitled to his or her taxed costs in any proceedings under
this Rule, which shall include the costs of obtaining legal advice as to the appropriate action he
or she should take in the proceedings. Such costs shall be paid by the judgment creditor, who, if
the court so orders, shall be entitled to recover them from the judgment debtor. Other costs in the
proceedings or incidental thereto shall be in the discretion of the court, subject to the provisions
of subrule (15).
PART XII
GENERAL: CIVIL PROCEDURE
Security for costs

Notice requesting security for costs

75(1) A party entitled and desiring to demand security for costs from another shall, as soon as
possible after the commencement of proceedings, deliver a notice setting forth the grounds upon
which security is claimed and the amount demanded.
Determination by registrar where amount contested
(2) If the amount of security only is contested the registrar shall determine the amount to be
given and his or her decision shall be final.

Stay of proceedings due to failure to furnish security for costs

(3) If the party from whom security is demanded contests his or her liability to give security or if
he or she fails or refuses to furnish security in the amount demanded or the amount fixed by the
registrar within ten days of the demand or the registrar’s decision, the other party may apply to a
judge or court on notice for an order that such security be given and that the proceedings be
stayed until such order is complied with.

Powers of the court to dismiss proceedings or strike out pleadings

(4) The judge or court may, if security is not given within a reasonable time, on application,
dismiss any proceedings instituted or strike out any pleadings filed by the party in default, or
make such other order as to it may seem appropriate.

Registrar to determine form, amount and manner of security

(5) Any security for costs shall, unless the judge or court otherwise directs, or the parties
otherwise agree, be given in the form, amount and manner directed by the registrar.
(6) The registrar may, upon the application of the party in whose favour security is to be
provided and on notice to interested parties, increase the amount thereof if he or she is satisfied
that the amount originally furnished is no longer sufficient and his or her decision shall be
subject to review by the court.

Limitation on requirement to pay security for costs

(7) Notwithstanding anything contained in this rule, a person to whom legal aid is rendered by a
statutorily established legal aid board or in terms of these rules, is not compelled to give security
for the costs of the opposing party, unless the court directs otherwise.
Arrest of absconding defendant

Conditions precedent to issue of writ

76(1) Where a plaintiff proves to the satisfaction of a judge or the registrar that—
v. he or she has a good cause of action against a defendant to the amount of level 10 of
the standard scale of fines or more; and
w. there is good ground for believing that the defendant is about to remove himself or
herself from Zimbabwe; and
x. the absence of the defendant from Zimbabwe will materially prejudice the plaintiff in
the prosecution of his or her claim;
the judge may issue a writ of arrest directing the defendant to be arrested and holden to bail to
answer the plaintiff’s claim;
(2) Before the issue of any such writ, the plaintiff shall file with his or her application on
affidavit sworn to by the plaintiff, or his or her agent, or his or her employee, in which shall be
set forth all facts which would justify with the judge in issuing or refusing to issue the said writ,
and in particular the following—
(a) the sum alleged to be due to the plaintiff by the defendant, when it became due and the
cause thereof;
(b) whether or not the plaintiff holds any security for the alleged debt, and, if he or she does,
the nature and value thereof;
(c) that the deponent believes that the defendant is about to remove himself or herself from
Zimbabwe, and the grounds of such belief;
(d) the steps, if any, which the plaintiff has already taken to enforce his or her claim.
Registrar may require security for damages
(3) The judge shall, before issuing a writ of arrest require the plaintiff to give security for any
damages which may be caused by such writ of arrest and may require such additional evidence
as he or she may think fit.

Matters to be stated
(4) A writ of arrest shall, before delivery to the Sheriff, be endorsed with the plaintiff’s address
for service as required by paragraph (b) of subrule (10) of rule 13. The sum of money or other
thing demanded shall be set out in the writ.

Execution of writ
(5) A writ of arrest may be executed on any day and at any hour and at any place:
Provided that such a writ shall not be executed against—
(a) a member of Parliament or an officer of Parliament as defined in section 2 of the
Privileges, Immunities and Powers of Parliament Act [Chapter 2:08] while such member
or officer is in actual attendance on Parliament or any committee thereof; or
(b) a person entitled to immunity from personal attachment under the Privileges and
Immunities Act [Chapter 3:03]; or
(c) a person upon whom immunity from personal attachment is conferred by any other law.
(d) any judge or magistrate in attendance in court or within court precinsts.
Service of documents on arrest
(6) The Sheriff shall, upon any arrest made by virtue of any such writ, serve on the defendant a
true copy thereof and of the documents on which the claim is founded.

When defendant can be realised

(7) On arrest of the defendant, the Sheriff shall permit the defendant to go at large and free of the
writ of arrest if—
(a) the defendant pays or delivers to the sheriff the sum of money or thing mentioned in the
writ together with a deposit of costs in the sum equivalent to level 4 of the standard scale
of fines ; or
(b) the defendant or anyone on his or her behalf gives to the sheriff reasonable security by
bond or obligation of the defendant or of another person residing and having sufficient
means within Zimbabwe, that the defendant shall appear according to the exigency of the
writ and shall stand to abide and perform the judgment of the court thereon or shall
surrender himself or herself to prison in execution of the same.
(8) The bond or obligation to be given to the sheriff under this subrule shall be in Form No. 30.
(9) If the defendant, at any time after his or her 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 or she gives a bond
or obligation in terms of subrule (7) of this rule he or she shall be entitled to immediate discharge
from such arrest.

Procedure where bond or obligation given

(10) If a bond or obligation has been given by the defendant or by anyone on his or her behalf in
terms of subrule (7) the plaintiff shall proceed with his or her action precisely as if there had
been no arrest, and the writ of arrest shall in that case stand as a summons in the action.

Costs of writ
(11) Unless otherwise ordered, the costs of, and incidental to, a writ of arrest shall be costs in the
cause.

Person arrested may anticipate day of appearance

(12) A person arrested shall be entitled to anticipate the day of appearance and to apply to the
court in term time or to a judge during vacation for the discharge of the said arrest, upon giving
twenty- four hours’ notice to the legal practitioner for the plaintiff, or to the plaintiff, if he or she
is not represented by a legal practitioner.

Sheriff to deliver bond or obligation to plantiff

(13) If the Sheriff takes a bond or obligation by virtue of a writ or attachment, then the Sheriff
shall as soon as practicable and on being required by the plaintiff or his or her legal practitioner,
deliver to the plaintiff or his or her legal practitioner such bond or obligation by an endorsement
thereon to be made by the sheriff under his or her hand, which endorsement shall be in Form No.
31.

Where Sheriff takes money or thing

(14) If the Sheriff takes from the party arrested any money or thing for the plaintiff, then the
Sheriff shall hold the money or thing on behalf of the plaintiff against the defendant’s giving of
security or surrendering himself or herself.

Discharge of defendant on final judgment

(15) If the defendant, on the return day or on the day of the anticipation of the same as aforesaid,
admits the claim contained in the process, final judgment shall be given against him or her and
he or she shall be discharged from such arrest.

Return day of writ: claim not admitted or satisfied: procedure

(16) If the defendant has not satisfied or admitted the claim contained in the writ, and has not
given security as aforesaid, the plaintiff shall, on the return day or on the day of the anticipation
of the same as aforesaid, apply for confirmation of arrest, and the court or judge, unless
sufficient cause to the contrary is shown, shall confirm such arrest and order the return of the
defendant to prison, and shall make such further order as to it or him or her seems fit so as to
provide for the speedy termination of the proceedings between the parties, the writ standing as a
summons in the case.

Discharge from arrest where judgment given

(17) If in any such proceedings judgment is given against the defendant, he or she shall be
entitled to his or her discharge from such arrest:
Provided that such discharge shall not free him or her from his or her liability under the
judgment or from subsequent proceedings thereunder.
Reciprocal enforcement of judgments

Application for registration

77 (1) An application under section 5 of the Civil Matters (Mutual Assistance) Act [Chapter
8:02] for leave to have a judgment obtained in a designated country may be made to the High
Court for the registration of that judgment in the form and manner prescribed in the rules of
the court.
Contents of application
(2) The chamber application shall be verified by an affidavit and shall exhibit the judgment or a
verified or certified or otherwise duly authenticated copy thereof, and state that to the best of the
information and belief of the deponent the judgment has not been satisfied in the designated
country or has only been satisfied in part by levy in execution or by other means, and the
judgment creditor is entitled to enforce the judgment or so much thereof as remains unsatisfied,
and the judgment does not fall within any of the cases in which under section 6(2) of the Act a
judgment cannot properly be ordered to be registered. 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
of the judgment creditor and judgment debtor respectively.

Service of notice of registration on judgment debtor

(3) Notice in writing of the registration of the judgment must be served on the judgment debtor
within a reasonable time after such registration. Such notice shall, in the absence of an order by
the judge as to the mode of service thereof, be served on the judgment debtor by personal
service, but the judge may at any stage of the proceedings authorise or direct some other mode of
service, and if he or she does so the service shall be effected in accordance with such authority or
direction.

Contents of notice of registration

(4) The notice of registration shall contain full particulars of the judgment registered and of the
order for such registration, and shall state the name and address of the judgment creditor or of his
or her legal practitioner or agent on whom and at which service of any court application issued
by the judgment debtor may be served. The notice shall state that the defendant is entitled, if he
or she has grounds for doing so, to apply to set aside the registration, and shall also state the
number of days for applying to set aside the registration limited by the order giving leave to
register.

Endorsement of date of service on notice of registration

(5) The party serving the notice shall, within not more than three days 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. This rule shall apply to substituted as well as other service. The period limited by this rule
may under special circumstances be extended by order of a judge.

Application to set aside registration or suspend execution

(6) The judgment debtor may, at any time within the time limited by the order of court giving
leave to register after service on him or her of the notice of the registration of the judgment,
make a court application to set aside the registration or to suspend execution on the judgment,
and the court, on such application, if satisfied that the case comes within one of the cases in
which under section 6(2) of the Act no judgment shall be ordered to be registered or that it is not
just or convenient that the judgment should be enforced in Zimbabwe, or for other sufficient
reason, may order that the registration be set aside or execution of the judgment suspended either
unconditionally or on such terms as he or she thinks fit, and either altogether or until such time
as he or she shall direct:
Provided that the court may allow the application to be made at any time after the expiration of
the time herein mentioned.

Register of judgments ordered to be registered

(7) The register of judgments ordered to be registered under the Act shall be kept at the office of
the Registrar of the High Court in Harare, Bulawayo, Mutare, Masvingo, Chinhoyi, and any
other High Court in Zimbabwe. The judgment shall be registered therein in accordance with the
order giving leave to register.

Arrangement of and particulars to be entered in registers

(8) The registers shall be arranged in alphabetical order of the name of the judgment creditor or
debtor, and there shall be entered in the register the date of the order for registration and of the
registration, the name, title, trade or business and the usual or last known place of abode of the
judgment debtor and the judgment creditor, and the amount for which the judgment is registered
and any special directions in the order for registration as to such registration and for execution
thereon and the particulars of any execution issued thereon.

Issue of execution
(9) No execution shall issue on a judgment registered under the Act until after the expiration of
the time limited by the order giving leave to register:
Provided that the court which orders the registration or a judge in chambers may at any time
order that execution shall be suspended for a longer time.
(10) A party desirous of issuing execution on a judgment registered under the Act shall file with
the registrar and deputy registrar an affidavit of the service of the notice of registration.

Certified copy of High Court judgment

(11) An application under section 11(1) of the Act for a certified copy of a judgment obtained in
the High Court of Zimbabwe shall be made to the registrar on an affidavit made by the judgment
creditor or his or her legal practitioner, giving the particulars of the judgment and stating that it
has not been satisfied or only satisfied in part, and if the latter, to what extent, and showing that
the judgment debtor is resident in a designated country, and stating to the best of his or her
information and belief the title, trade, business or occupation of the judgment creditor and
judgment debtor respectively and their respective usual or last known places of abode or
business.
(12) The certified copy of the judgment shall be an office copy and shall bear the seal of the
High Court and shall be certified by the registrar of deputy registrar as follows—
“I certify that the above copy of the judgment is a true copy of a judgment obtained in the High
Court of Zimbabwe, and this copy is issued in accordance with section 11(1) of the Civil Matters
(Mutual Assistance) Act [Chapter 8:02]
 Signed REGISTRAR/ DEPUTY REGISTRAR”.

Duties of registrars and deputy registrars

Duties of registrars
78 (1) In addition to the duties and obligations referred to in other Rules, registrars and deputy
registrars shall carry out the duties specified in this Rule.
Civil record index
(2) The registrar at Harare, Bulawayo, Masvingo , Mutare and Chinhoyi, or any other
station as may be established shall each keep an index, in which the following particulars
shall be recorded—
a. the number of the action;
b. the names of the parties;
c. the plaint or cause of action;
d. the day and place of hearing the case;
e. the names of legal practitioners;
f. the judgment of the court;
g. any subsequent proceedings and remarks.
Filing and handling of documents
(3) The summons or other first document in any matter shall be numbered by the registrar
before issue with a consecutive number for the year and the matter shall, at the time of issue, be
entered by him or her in the civil record index under that number.
(4) Every document afterwards served, delivered or filed in such matter shall be marked with
such number by the party delivering it, and shall not be received by the registrar until so marked.

Electronic record of documents

(5) The registrar shall keep an electronic record of every document filed in the registry and shall
permit any party desirous of filing and delivering process electronically to do so.

Stamp fees
(6) 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 paid and the receipt attached,
except where a party has been granted leave to proceed as a pauper.

Documents confidential until adjudication

(7) 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 inspection of parties to the suit
or matter. Thereafter all documents shall be regarded as court records and shall be available to
the inspection of the public on payment of the prescribed search fee.
Provided that the registrar may upon request and after consultation with a judge allow access to
any interested person on such conditions as he or she deems fit.
 Exhibits
(8) No exhibit forming part of the record of any civil proceedings may be withdrawn from the
record of such proceedings without the permission of the registrar of the court. Such permission
may be granted upon such terms and conditions as the registrar may deem fit, and as may be
calculated to avoid as far as possible the incurring of any expense therewith.
(9) The person desirous of withdrawing any exhibit shall state the capacity in which he or she
makes the request.
(10) The registrar in any case may require the substitution of any exhibit to be withdrawn of such
copy of the whole or portion thereof as he or she may consider necessary and shall so require it
in the case of any exhibit which has been incorporated in the court’s order save in cases where
such exhibit is filed in the office of the Registrar of Deeds, the Master or the Surveyor General as
one of the permanent records thereof.
(11) The person desirous of withdrawing any exhibit may, if such permission is refused, or if he
or she is not satisfied with the terms and conditions imposed, require the matter to be referred to
the judge or judges before whom the proceedings were heard, or failing him or her or them, to
the Judge President for final determination.
(12) A receipt in such form as may be required by the registrar shall be given by the person
removing any document. Such receipt shall be filed with the record.

Contempt of court

Proceedings to be by court application

79 (1) The institution by a party of proceedings for contempt of court shall be made by court
application.
Contents of notice and supporting affidavit
(2) Such court application shall set forth distinctly the grounds of complaint and shall be
supported by an affidavit of the facts. Where proceedings are instituted at the instance of the
court on its own initiative the notice shall be issued by the registrar and no affidavit of the facts
shall be necessary.

Summary power of court for contempt

(3) Nothing in the preceding subrules 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.

Procedure where fine imposed

(4) Where the court or a judge has imposed a fine for contempt of court, the registrar shall
furnish the Sheriff with the particulars of such fine and deliver to him or her a writ in Form No.
47. Immediately on the delivery of such writ the Sheriff shall execute the same in terms thereof.

Procedure where committal to gaol ordered

(5) Where the court or a judge orders a person to be committed to gaol, or imposes a sentence of
imprisonment for contempt of court, the registrar shall furnish the Sheriff or other peace officer,
with a writ of personal attachment and committal to prison in Form No. 48. Immediately on
delivery of such writ the Sheriff, or any peace officer to whom it is delivered, shall execute the
same.
Proceedings where one sues or defends as a pauper

Initial consultation with the registrar

80 (1) A person normally resident within the jurisdiction of the court who desires to bring or
defend proceedings as a pauper may apply to the registrar, who, if it appears to him or her
that the applicant may be a person such as is contemplated by subrule (4)(a), shall refer the
applicant to a legal practitioner selected from a roaster of names furnished to him or her by
the Law Society.
(2) If the registrar is in doubt as to whether or not an applicant may qualify in terms of subrule,
(4)(a) he or she may refer the matter to a district officer of the Department of Social Services for
a report on the means of the applicant.

(3) A legal practitioner to whom an applicant is referred in terms of subrule (1) shall inquire
into such person’s means and the merits of his or her cause, and, upon being satisfied that the
matter is one in which he or she may properly act in proceedings where one sues or defends as a
pauper, he or she shall proceed to take instructions from the applicant.
Provided that where a legal practitioner, after due inquiry, is of the view that the applicant is not
indigent and does not therefore qualify to be represented informa pauperis or that the intended
proceedings have no prospects of success, he or she shall advise the Registrar and the applicant
accordingly.

Instituting and defending proceedings

(4) If the applicant lodges with the registrar—
(a) an affidavit setting forth fully such person’s financial position and stating that, excepting
household goods, wearing apparel, tools of trade, he or she is not possessed of property to
the value equivalent to level 4 and will not be able, within a reasonable time, to provide such
from his or her earnings;
(b) a statement signed by the legal practitioner concerned that he or she is acting for that person
gratuitously in the proceedings;
the applicant shall be entitled to proceed to sue or defend as a pauper, and the registrar shall issue
all documents in the proceedings for the person concerned without fee of office;
(c) All pleadings, process and documents filed of record by a party proceeding to sue or defend
as a pauper shall be headed accordingly.
Fees and costs
(5) A legal practitioner who is acting for a person in terms of this Rule shall act gratuitously for
that person in the proceedings, and shall not be at liberty to withdraw, settle or compromise such
proceedings, or to discontinue his or her assistance, without the leave of a judge, who may, in the
latter event, give directions as to the appointment of a substitute.
(6) If the person bringing or defending proceedings in terms of this Rule is awarded costs against
his or her opponent, his or her 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 or her legal practitioner shall pay out there from such fees and charges as
would ordinarily have been due to the registrar and the legal practitioner, or a proportional rate to
the respective amounts thereof, if the sum recovered is insufficient to pay such fees and charges
in full.
(7) Where, in terms of these rules, any process issued on behalf of a person who is proceeding to
sue or defend as a pauper is required to be served by a Sheriff, or where substituted service is to
be effected, such person shall, prior to the institution or proceedings, deposit with the legal
practitioner acting for him or her a sum sufficient to cover the costs of such service.

Rights of opponent
(8) When a person sues or defends as a pauper under process issued in terms of this rule, his or
her opponent shall, in addition to any other right which he or she may have, have the right at
anytime to make a court application for an order debarring such person from continuing as a
pauper and upon the hearing of such application, the court may make such order thereupon,
including any order as to costs, as to it seems fit.

Cause within jurisdiction of inferior court

(9) Where the cause of action is within the jurisdiction of a court other than the High Court,
proceedings shall not be instituted under this Rule in the High Court, unless, upon a chamber
application, a judge grants leave for the proceedings to be instituted in the High Court.
Evidence and service of process on behalf of a foreign court

81 (1) Where, in relation to any civil proceedings pending before a court of law of
competent jurisdiction outside Zimbabwe, an application is made under section 20 of the
Civil Matters (Mutual Assistance) Act [Chapter 8:02] for obtaining the evidence of a witness
within Zimbabwe, the application and any supporting documents as to the subject matter and
the evidence required shall be transmitted to the registrar, together with two copies thereof,
and if the application and documents are not in the English language, an original translation
thereof in the English language and two copies of such translation.
(2) An order made under the said subsection shall be in Form No. 49.
(3) Upon receipt of the evidence in terms of section 20 of the Civil Matters (Mutual Assistance)
Act [Chapter 8:02] the registrar shall append thereto a certificate in Form No. 50 and shall
forward the evidence so certified together with the order of the court to the Minister of Justice
for transmission to the court of law outside Zimbabwe before which the proceedings in question
are pending.
(4) Where in relation to any civil 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 letter of request for service shall be accompanied by a translation thereof in the
English language, and by two copies of the process or citation to be served, and two
copies thereof in the English language;
(b) service of the process or citation shall be effected by the Sheriff.
(c) such service shall be effected by delivering to and leaving with the person to be served
one copy of the process to be served, and one copy of the translation thereof, in
accordance with the rules and practice of court regulating service of process;
(d) after service has been effected, the Sheriff shall return to the registrar one copy of the
process, together with the proof of service, and particulars of charges for the costs of
effecting such service;
(e) the particulars of charges for the costs of effecting service shall be submitted to the
taxing master of the court, who shall certify the correctness of the charges, or such other
amount as shall be properly payable for the costs of effecting service. A copy of such
charges and certificate shall be forwarded to the Minister of Justice;
(f) the registrar shall transmit to the Minister of Justice the letter of request for service
received from the foreign country, together with the evidence of service, with a
certificate appended thereto duly sealed with the seal of the court for use out of the
jurisdiction. Such certificate shall be in Form No. 51.
(4) 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).

Sheriff and Deputy Sheriff

Interpretation
82. (1) In this rule—
“Deputy Sheriff” means any person appointed as such and includes additional
Sheriff or assistant sheriff;
“Sheriff” means a Sheriff appointed in terms of section 55(1)(b) of the High Court
Act, [Chapter 7:06] but does not include a deputy Sheriff, additional sheriff or
assistant sheriff;
Appointment and removal of deputy sheriffs
(2) The Judicial Service Commission shall notify the registrar of the appointment
and removal of every deputy, assistant or additional Sheriff and the registrar shall
register such appointments and removals in a book kept for the purpose.
(3) The Judicial Service Commission 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.
 Deputy Sheriff to provide security
(4) Where applicable, every Deputy Sheriff shall, upon appointment and before
entering upon the duty of his or her office, provide security, to the satisfaction of the
Sheriff, for the due and faithful execution of his or her duties, and indemnifying the
Sheriff against any loss occasioned by any act or omission of such Deputy Sheriff
(5) Where applicable, the security bond to be provided by a Deputy Sheriff shall be
in a form prescribed by the Sheriff.
Confinement of duties to area of appointment
(6) A Deputy Sheriff or acting Deputy Sheriff shall not, in the execution of his or her
duties, leave the area to which he or she is appointed, nor for any purpose depart
from Zimbabwe without the authority first had and obtained of the Sheriff.

Leave of absence
(7) Where a Deputy Sheriff requires leave of absence for a longer period than two
months, he or she shall submit to the Sheriff for approval the name of a person
willing to act for him or her during his or her absence, and when the nomination has
been approved by the Sheriff shall, together with his or her sureties, enter into a
further bond, in Form No. 61, or such person shall provide security, to the
satisfaction of the Sheriff, for the due and faithful execution of his or her 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.
Removal from office
(8) The Sheriff may remove any acting Deputy Sheriff from office for good cause,
and in such event shall make arrangements as to him or her seem proper for the
discharge of the duties of the office of such acting Deputy Sheriff.
Furnishing of security when absent
(9) A Deputy Sheriff, when he or she expects to be absent from his or her duties, for
any purpose, for any period not exceeding two months, shall make proper
arrangements in regard to the furnishing of security as the Sheriff may direct.
Notification of result of service
(10) The Deputy Sheriff shall as soon as may be, notify by post or otherwise in
writing the party who sued out the process entrusted to them for service, that the
service has been duly effected and the manner and date thereof or that they have
been unable to effect service.
When person in custody escapes
(11) The Deputy Sheriff shall not be responsible for the rescue or escape of any
person out of his or her custody on his or her way to a public prison when such
rescue or escape has happened without the default or connivance of such Deputy
Sheriff.
(12) In case of any such rescue or escape the Deputy Sheriff responsible shall use all
lawful means for the pursuit, apprehension and security of any such person without
any further warrant or authority.
Tariff of fees
(13) The charges allowed by the Deputy Sheriff for the execution of the process of
the court shall be as prescribed.
(14) The Deputy Sheriff shall be entitled to tax any disbursements made to or
liability incurred with him or her by a legal practitioner or party to any action or
proceedings in such court, for the execution of the process of the court, and may call
for the production of receipts or accounts showing that such disbursements have
actually been made or liability incurred.
(15) Necessary charges and allowances for all work necessarily done for which no
provision is contained in such tariff, and every question arising under and relative
to the tariff, shall be determined by the Sheriff
Provided that the Deputy Sheriff shall not charge a litigant for any service of
process upon the sheriff’s office or the registrar.
(16) The fees and charges authorised by such tariff shall be payable although the
summons or other process has not been actually served, if the Deputy Sheriff
certified that in his or her opinion reasonable attempts to effect service at the
appointed place have been made and that the failure was not due to any want of
diligence on his part or other officer charged with the duty of effecting service.
Interpreters
Interpreter to be approved by court or judge
83. (1) 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
the proceedings.
Oath of office
(2) Such interpreter shall, before entering upon his or her duties, take an oath to be
administered by the registrar in the following form—
“I swear that I will faithfully and truly interpret evidence in the case before this
court to the best of my skill and ability. So help me God.”
Provided that, where appropriate, an interpreter shall make an affirmation instead of
taking an oath before commencement of duties.
Expenses of interpretation
(3) The expenses of interpretation shall be costs in the cause, unless the court or judge
otherwise orders, but the party or legal practitioner engaging the interpreter shall be
responsible to such interpreter for the due payment of his or her prescribed fees.

Lapsing of summons
 84. (1) If the summons in an action is not served within three months of the date of its
issue or, having been served, the plaintiff has not, within the time taken further
steps to prosecute the action, the summons shall elapse.

(2) The plaintiff or his legal practitioner may secure an extension of the period set out in
subrule (1) by filing with the Registrar before the expiration of the period, an affidavit
seeking such extension and giving reasons acceptable to the Registrar for such an
extension and the Registrar may, at his or her discretion, grant the extension.
Application for condonation on lapsing of summons
(4) A party who has failed to comply with the time limits prescribed in
terms of these rules may on notice, make an application for condonation
of non-compliance and or extension of time within which to comply and
a judge or court may on good cause shown grant the application and
give such directions as may be appropriate.
Abandoned and Inactive matters

84A (1) matter shall be deemed abandoned or inactive where:

(a) the rules so provide.
(b) any action required to be taken by any of the parties under these rules,
has not been taken within the stipulated timeframe and no corrective
action has been taken, or
(c) the matter or process thereof has remained unattended to on the
Integrated Electronic Case Management System IECMS by any party, for
any period exceeding three months from the date of the last action taken
in the matter or the filing of the last process, whichever comes later.

Referral of a Matter to a Judge by the Registrar

(2) Upon the identification of a matter as potentially abandoned or inactive,

the Registrar shall issue a notice to all parties involved, informing them of
the intention to place the matter before a Judge for disposition within five
(5) days of the notice and the reason for considering the matter as
abandoned or inactive, as the case may be.
Provided that, where a specific procedure for the disposition of a matter that is
deemed abandoned under these rules or is inactive on the Integrated Electronic
Case Management System (IECMS) as set out in these Rules or any other applicable
law, the Registrar shall manage and process such matter in accordance with the
procedure prescribed therein.
 (3) If no response or corrective action is received from the parties within the
specified timeframe in subrule 2, the Registrar shall place the matter
before a Judge for determination.
Determination by a Judge
(4) Upon receipt of the matter in accordance with subrule 3, a Judge may:
(a) dismiss the matter for the reason that it has been deemed abandoned or has
been inactive for an unreasonable period; or,
(b) order further steps to be taken if there are compelling reasons to keep the
matter active.
Reinstatement of Abandoned Matters
(5) Any party aggrieved by the order dismissing a matter deemed to have
been abandoned or inactive may apply for reinstatement on good cause
shown.
(6) Applications for reinstatement shall be filed within fifteen (15) days of
the order of dismissal and shall be heard by a Judge.

PART XIII
AUTHENTICATION
Authentication of documents executed outside Zimbabwe for use within Zimbabwe
Interpretation
85. (1) In this rule, unless inconsistent with the context—
“authentication”, in relation to a document, means the verification of any signature
thereon;
“commissioner” means a commissioner of the High Court appointed by the High Court to
take affidavits or examine witnesses in any place outside Zimbabwe;
“document” means any deed, written contract, power of attorney, affidavit or other
writing, but does not include an affidavit sworn to before a commissioner.
When documents are deemed to be sufficiently authenticated
(2) Any document executed in any place outside Zimbabwe shall be deemed to be
sufficiently authenticated for the purpose of production or use in any court or tribunal in
Zimbabwe or for the purpose of production or lodging in any public office in Zimbabwe
if it is duly authenticated at such foreign place by the signature and seal of office—
(a) of a notary public, mayor or person holding judicial office; or
(b) in the case of countries or territories in which Zimbabwe, has its own diplomatic
or consular representative, of the head of a Zimbabwean diplomatic mission, the
deputy or acting head of such mission, a counsellor, first, second or third secretary,
a consul-general or vice-consul; or
 (c) of any Government authority of such foreign place charged with the authentication
of documents under the law of that foreign country; or
(d) of any person in such foreign place who shall be shown by a certificate of any
person referred to in paragraphs (a), (b) or (c) to be duly authorised to authenticate
such document under the law of that foreign country; or
(e) of a commissioned officer of the Zimbabwe Defence Forces as defined in section
2 of the Defence Act [Chapter 11:02], in the case of a document executed by any
person on active service.
(3) Notwithstanding anything in this rule contained, any document authenticated in
accordance with the provisions of the Hague Convention Abolishing the Requirement of
Legalisation for Foreign Public Documents shall be deemed to be sufficiently
authenticated for the purpose of use in Zimbabwe where such document emanates from a
country that is a party to the convention.
(4) If any person authenticating a document in terms of subrule (2) has no seal of office,
he or she shall certify thereon under his or her signature to that effect.
Affidavit commissioned outside Zimbabwe admissible
(5) An affidavit sworn to before and attested by a commissioner outside Zimbabwe shall
require no further authentication, and may be used in all cases and matters in which
affidavits are admissible as freely as if it had been duly made and sworn to within
Zimbabwe.
Court may accept any document as authenticated
(6) Nothing contained in this rule shall prevent the acceptance as sufficiently
authenticated by any court of any document which is shown, to the satisfaction of such
court to have been actually signed by the person purporting to have signed the same.
Commissioning by electronic means
(7) A commissioner may, where necessary, commission or authenticate documents,
whether executed inside or outside Zimbabwe by such electronic means as is approved
by the court.
Case management
86. (1) The Registrar shall, on the registration of any cause, manage such a cause in
terms of an approved system of case management.
Scheduling of case management meeting by Judge
(2) In the event that a cause has been allocated to a judge for management purposes, that
judge may, as soon as practicable after the entry of appearance to defend in an action or
the giving of notice of opposition in an application, after consulting with the parties
through the registrar, schedule a meeting in chambers to be attended by the parties’ legal
practitioners or by a party or parties in person if unrepresented at which—
(a) any agreed extensions or curtailments of the time limits for pleadings may be
ordered;
(b) the time, date and venue of the conference of parties required by these Rules shall
be set;
 (c) the time and date of the judge’s initial case management conference may be set;
(d) he or she gives any directions he or she deems appropriate for the future conduct
of the case, including excusing the parties or any of them from attending any
management conference for good cause, or dispensing, where appropriate, with a
final pre-trial conference.
(7) At the conclusion of the meeting the judge may, in consultation with the
parties, issue a scheduling order setting out the direction and calendar of
events to be followed until the completion of the cause or application.

PART XIV

CRIMINAL PROCEDURE
Indictment
87(1) In this Part unless inconsistent with the context—
“Act” means the Criminal Procedure and Evidence Act [Chapter 9:07];
“chief clerk” means the chief clerk of the National Prosecuting Authority or anyone appointed
to perform such duties;
“registrar” means the registrar of the High Court or any deputy or assistant registrar appointed
in terms of section 55(1)(a) of the High Court Act [Chapter 7:06] and, for the purpose of this
rule and rule 88, shall include any judge’s clerk or court usher acting on behalf of such
registrar;
“sheriff” includes any Deputy, additional or assistant sheriff appointed in terms of section 55
of the High Court Act [Chapter 7:06] and any Sheriff appointed in terms of subsection (3) of
that section and, only for purposes of serving, any police officer as provided in section 382(4)
of the Criminal Procedure and Evidence Act [Chapter 9:07];
“subpoena” means the process sued out of the office of the registrar in terms of subrule (7);
“summons” means the writ sued out of the office of the registrar in terms of subrule (3);
“swear” includes making a solemn affirmation.

Notice of indictment
(2) Whenever the Prosecutor-General has decided to indict any person for trial before the High
Court, he or she shall—
(a) issue a notice informing the magistrate of his or her decision to indict;
(b) issue a notice informing the accused of his or her decision to indict and of the nature
of the charge which it is intended to bring against him or her.
(3) The notice issued in terms of subrule (2)(b) shall be served on the accused by the magistrate
or by some other person on the directions of the magistrate.
(4) The magistrate shall investigate or cause to be investigated the accused’s arrangements for his
or her defence in accordance with the provisions appearing on the reverse of the notice issued
in terms of subrule (2)(b) and once the return of service and the section of the form relating to
the accused’s defence have been completed, the magistrate shall return the original notice to
the Prosecutor-General.

Summons
(5) The process of summoning an accused to answer any indictment preferred against him or her
shall be by writ sued out of the office of the registrar by the chief clerk and directed to the
Sheriff.

Indictment and notice of trial

(6) The chief clerk shall deliver or cause to be delivered to the Sheriff, together with the
summons, a copy of the indictment preferred against the accused and a notice of trial.
(7) The notice of trial shall specify the date of commencement of the trial and the place at which
the trial will be held.
(8) If there are more than one accused, the chief clerk shall deliver or cause to be delivered to the
Sheriff as many copies of the indictment and notice of trial as there are accused.

Service of summons, indictment and notice of trial

(9) The Sheriff shall serve a copy of the summons, indictment and the notice of trial on the
accused in person and shall explain the nature and effect of each of these documents to the
accused.
(10) The Sheriff shall inquire of the accused whether he or she wishes to call any witnesses in
his or her defence and, if he or she does so wish, the Sheriff shall endeavour to discover the
names and residential and business addresses of such witnesses and what arrangements, if
any, have been made to secure their attendance at court.
(11) The Sheriff shall endorse upon the summons the fact that he or she has complied with
the requirements of subrule (9) and the results of his or her inquiries in terms of subrule (10)
and shall return the summons to the registrar forthwith.
(12) The registrar shall inform the court orderly of the names and addresses of any defence
witnesses referred to on the summons as endorsed by the Sheriff and shall subpoena such
witnesses as it is necessary for him or her to subpoena in terms of section 229(3) of the Act.

Subpoenas
(13) The process for compelling the attendance of any person to give evidence or to produce
any books, papers or documents in any criminal case may be taken out of the office of the
registrar by the chief clerk.
(14) The chief clerk shall deliver or cause to be delivered to the Sheriff a general subpoena
 listing all or any number of witnesses in any particular case together with copies for each
witness:
Provided that the copies of the subpoena need not bear the names and addresses of the
witnesses mentioned on the general subpoena and may bear only the name and address of the
witness upon whom each copy is served.
(15) Notwithstanding the provisions of subrules (13) and (14), if the High Court is sitting at
any place other than Harare, Bulawayo, Masvingo, Mutare or Chinhoyi, witnesses may be
subpoenaed by process taken out of the Magistrate Court at the place where the High Court is
sitting by counsel appearing for the State or by the accused or his or her counsel. Such
process may be in the form used to subpoena witnesses in the Magistrates’ Court.
(16) If the accused wishes to subpoena any witness, he or she or his or her legal practitioner
may do so in the manner provided for in subrules (13), (14) and (15).

Service of subpoena
(17) Where the witness is resident within the area under the jurisdiction of the local authority
within which the court is situate, the Sheriff shall serve the subpoena.
(18) Where the witness is not resident as described in subrule (17) or where the Sheriff is
unable to locate a witness, the Sheriff shall—
(a) deliver the relevant subpoena to a police officer of or above the rank of sergeant; or
(b) send the relevant subpoena by registered post to the member in charge of a police
station in the area in which the address for service is situated or where the witness is
believed to be;
and the police officer concerned shall serve the subpoena himself or herself or cause another
police officer to serve it.

(19) The person serving the subpoena shall exhibit the general subpoena to the person upon
whom it is served, shall hand to such person a copy of the subpoena and shall explain the
nature and effect of the subpoena to that person.
(20) The subpoena shall be served on the witness either personally or by handing a copy to
some person whose apparent age is not less than eighteen years and who apparently resides or
is employed at the witness’s residence or place of business.
(21) If the person to be served with the subpoena keeps his or her residence or place of
business closed, so preventing the service of the subpoena in the manner required by subrules
(19) and (20), it shall be sufficient to affix a copy thereof to the outer or principal door of
such residence or place of business.
(22) If a witness has given security for his or her appearance to give evidence at any trial in
accordance with the provisions of section 234(1) of the Act, the subpoena may be served on
him or her either in person or by being affixed to the principal door of the place specified in
his or her recognisance as that at which the subpoena may be served.

Endorsement of subpoena
(23) The person serving any subpoena shall endorse on or annex to the general subpoena a
return of the manner of the service of the subpoena on each witness, and shall return the
subpoena to the registrar so endorsed.
(24) If, within four days of the commencement of the case in respect of which a witness is
required, the registrar has not received notification of the service of a subpoena on the
witness, he or she shall inform the court orderly accordingly.

Period of notice for attendance as witness

(25) No witness shall be compelled to attend Court unless he or she has been served with a
subpoena atleast forty eight hours before the hearing.
Provided that if any person is served with a subpoena requiring his or her attendance at court at
a time within forty-eight hours of such service, he or she shall, nevertheless attend court as
soon as reasonably possible after receiving the subpoena and in any case within forty-eight
hours of such receipt.

Witness may be excused attendance

(26) Notwithstanding that any witness has been subpoenaed for a particular day and subject
to the provisions of section 231 of the Act, such witness shall not be bound to attend court on
that day if he or she has been excused attendance at court by or on behalf of the court orderly:
Provided that where any witness is so excused he or she shall inform the court orderly of the
address at which, and means by which, he or she may conveniently be contacted and thereafter
such witness shall not leave such address for more than twenty-four hours at a time without the
consent of the court orderly.
(27) Any witness who has been excused attendance in accordance with subrule (26) shall
nevertheless be bound to attend court at any future time prior to the determination of the case
in respect of which he or she has been subpoenaed on being instructed so to do by or on
behalf of the court orderly provided that he or she is given reasonable notice of the necessity
for him or her to attend court and of the time at which he or she is required to attend.

Private prosecution
(28) Wherever the prosecution is at the instance of a private party, the function of the chief
clerk prescribed in subrules (5), (6), (7, (8), (17) and (18) shall be performed by the private
party or his or her legal practitioner.
Records

What is to be recorded
88(1) The judge presiding over any trial shall make or cause to be made a record of—
a. any objection or exception to an indictment, any motion to quash an indictment,
any request for particulars and any particulars supplied;
b. the pleas of accused persons and any statements made by them in answer to the
charge;
 c. any questions by the court concerning the nature of the accused’s plea and the
accused’s replies thereto;
d. the submissions made by the prosecutor and the accused after the accused has
pleaded guilty and any question asked by the court in determining the nature of
the case to which the accused has pleaded guilty; and the accused’s responses
thereto.
e. the evidence orally given and admissions made by any party to the proceedings;
f. any objection or request made in relation to the tendering or admission of any
evidence or in relation to the general conduct of proceedings;
g. any ruling or judgment of the court;
h. any other matter which the accused or counsel requests to be recorded or which
the judge wishes to have recorded.
(2) According to the directions of the judge, such minutes of record may either be verbatim or in
narrative form and may be recorded in long hand or shorthand or by such mechanical device
as the judge may approve.

Shorthand writer and recorder’s oath

(3) Every shorthand writer and every operator of an approved mechanical device shall be deemed
to be an officer of the court and shall, before entering on his or her duties, take before a judge
an oath in the following form—
“I, — do swear that I will faithfully, accurately and to the best of my ability take down in shorthand/
record by machine as directed by the judge, a record of the proceedings in any case in which I may be
employed as an officer of the court and that I will similarly, when required to do so, transcribe such
record or any other record, taken down (compiled) by any other officer of the court. So help me God.”:

Provided that a person may take the oath by affirmation if he or she so wishes.

Filling of records
(4) The records made in terms of subrule (1) shall be filed in accordance with the instructions of
the registrar.

Transcription and certification of recording

(5) It shall not be necessary to transcribe any shorthand or machine-made record, unless a judge
or the registrar, acting under the authority of a judge, so directs.
(6) If and when the shorthand or machine-made 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.
(7) If the transcriber is a person other than the original recorder, such original recorder, if
available, shall annex a certificate to the transcript indicating the extent of the accuracy of the
transcript.
(8) If the original recorder is unavailable that fact shall be mentioned in the transcriber’s
certificate.

(9) Any transcript certified in terms of subrules (4) to (7) shall be deemed to be an accurate
record of the proceedings subject to any reservations made in the certificate annexed thereto:
 Provided that the court may make any order that it considers fit concerning the accuracy of a
transcribed record.

Supply of transcripts to interested persons

(10) Any person with an interest in any matter in respect of which there exists a shorthand or
machine-made record may apply to the registrar to have that record transcribed, for a copy of
such transcript.
(11) The registrar shall supply such an applicant with a transcript of the record upon payment
of a prescribed fee when it has been necessary to prepare the transcript as a result of the
application and any other prescribed fee when the transcript supplied is a copy of a transcript
already prepared.
General issues of criminal procedure

Fees for execution of process

89(1) For the service of any process otherwise than on behalf of the State, the Sheriff shall be
paid prescribed fees and allowances.

Change of venue
(2) An application in terms of section 161 of the Act for the change of venue may be made to a
judge of the High Court in chambers without notice.
(3) Whenever a change of venue is ordered, the applicant shall notify the other party to the
proceedings of such change of venue, and the registrar shall ensure that all documents,
exhibits and process, other than subpoenas, are transferred to the new venue.

Prisoner In the dock

(4) When placed in the dock for trial the accused may wear his own clothing and shall not be
fettered unless the court orders otherwise.

Oaths of Interpreter and assessor

(5) The oath to be taken by an interpreter shall be in the following form—

“I — do solemnly and sincerely swear that I will truly and faithfully interpret all matters requiring
interpretation in (the) any case before this court to the best of my skill and ability. So help me God.”

(6) The oath to be taken by an assessor shall be in the following form—

“I — do solemnly and sincerely swear that honestly and faithfully and without fear, favour or prejudice
I will try whether all accused brought before me for trial are guilty or not of the crimes laid to their
charge, and that by my verdict I will uphold the truth say thereon according to the evidence. So help me
God.”

Numbering of exhibits
(7) Whenever any exhibit is produced, the Court shall allocate an exhibit number and the
registrar shall immediately mark or label the exhibit accordingly.

Passing of death sentence

(8) Where the sentence of death is about to be passed the registrar shall address the prisoner in
the following manner—
“----------------you have been convicted of the crime of ----. Do you know of any reason or have you
anything to say as to why the sentence of death should not be passed upon you?”

(9) If no good reason is given for not passing the sentence of death, the court orderly or assistant
register shall call out—
“Hear ye, hear ye, hear ye. All persons are strictly charged to keep silence in court while sentence
of death is passed upon the prisoner at the bar.”

(10) The judge shall then pass the sentence of death.

Criminal record books

(11) The registrar at Harare shall keep an indexed book, to be called the “Criminal Record
Book,” in which he or she shall, in respect of all cases indicted for trial at Harare, enter the
following—
(a) the number of the case;
(b) the name and nationality of the accused;
(c) the crime charged;
(d) the date and place of trial;
(e) the name of the presiding judge;
(f) the verdict;
(g) the sentence;
(h) any subsequent proceedings and remarks;
(12) The registrar at Bulawayo shall keep a similar book in which he or she shall make
similar entries in respect of all cases indicted for trial at Bulawayo, Gweru and Hwange.
(13) The registrar at Masvingo shall keep a similar book in which he or she shall make
similar entries in respect of all cases indicted for trial at Masvingo.
(14) The registrar at Mutare shall keep a similar book in which he or she shall make similar
entries in respect of all cases indicted for trial at Mutare.
(a) The registrar at Chinhoyi; or any other station at which the High Court operates shall
keep a similar book containing entries of all cases indicted for trial at the station.

Departure from the rules

(15) Notwithstanding the provisions of any of these rules, a judge may for good cause shown,
authorise a departure from the rules in any matter before the court:
Provided that a judge shall not authorise such departure where prejudice is likely to occur to
the accused or the State.
(16) No departure from any of these rules, whether authorised in terms of subrule (15) or not,
shall invalidate any proceedings unless such departure actually results in the accused
suffering prejudice of such a nature that but for such departure the accused would not have
been convicted.

Forms prescribed for rules and Act

(17) All documents, notices and process to be issued in terms of these rules and the Act shall
be in the forms prescribed in the First Schedule.

89 (A) (1) Subject to any other law, Rule 56(28) as read with rules 56A, 56B, 56C, 56D, 56E
and 56F shall apply with necessary changes to criminal matters in criminal proceedings.

(2) Legal practitioners who are appointed on a pro deo basis in criminal proceedings by the
Registrar after consultation with the Law Society of Zimbabwe shall, where the instructions
are issued on the IECMS platform, acknowledge receipt of the instruction within two days of
the communication by the Registrar, failing which the Registrar shall communicatedirectly
with the legal practitioner concerned.

PART XV

BAIL
Applications for bail
90 (1) This Part shall apply to applications and appeals in terms of Part IX of the Criminal
Procedure and Evidence Act [Chapter 9:07].

Reckoning of time
(2) Where anything is required by these rules to be done within a particular number of days or
hours, a Saturday, Sunday or Public Holiday shall not be reckoned as part of such period:
Provided that, in relation to the period of forty eight hours specified in subrule (1) of rule 92
Saturdays, Sundays and public holidays shall be included unless they fall at the end of the
period, in which event the period shall extend to the first following day that is not a Saturday,
Sunday or public holiday.
Departures from rules and directions as to procedure
(3) The High Court or a judge may, in relation to any particular case before it or him or her,
as the case may be—
(a) direct, authorise or condone a departure from any provision of these rules, including
an extension of any period specified therein, where the court or judge, as the case may
be, is satisfied that the departure is required in the interests of justice;
 (b) give such directions as to procedure in respect of any matter not expressly provided
for in these rules as appear to it or him or her, as the case may be, to be just and
expedient.

Bail applications
(4) An application to a judge for bail in terms of section 115(C) or 117 (A) of the Act shall
be filed electronically with the registrar and shall consist of a written statement setting out—
(a) the name of the applicant; and
(b) the applicant’s residential address; and
(c) if the applicant is employed, his or her employer’s name and address and the nature
of his or her employment; and
(d) where the application is made before the applicant is convicted—
(i) the offence with which the applicant is charged; and
(ii) the court by which and the date on which the applicant was last remanded; and
(iii)the criminal record book number, if that number is known to the applicant; and
(iv)the police criminal record book number of the case, the name of the police
officer in charge of investigating the case and the police station at which he or
she is stationed, if those particulars are known to the applicant; and
(v) where the application is made after the applicant has been convicted and
sentenced—
(a) the offence of which the applicant was convicted and the sentence that
was imposed; and
(b) the court or courts which convicted the applicant and imposed sentence
upon him or her; and
(c) the court criminal record book number, if that number is known to the
applicant; and
(d) the date or dates on which the applicant was convicted and sentenced; and
(vi) whether or not bail has previously been refused by a magistrate and, if it has been
refused—
(a) the grounds on which it was refused, if the grounds are known to the
applicant; and
(b) the date on which it was refused;
(vii) the grounds on which the applicant seeks release on bail having regard to the
provisions of section 50(1)(d) of the Constitution; and
(viii) the amount of bail which the applicant is prepared to give and the names of any
persons who are prepared to stand as sureties for his or her attendance and
appearance;
(5) The registrar shall set down an application for bail for hearing by a judge within forty-eight
hours after the application was filed in terms of subrule (4), and shall ensure that—
(a) a copy of the written statement referred to in subrule (4) is served on the Prosecutor-
General as soon as possible after it was filed; and
 (b) the Prosecutor-General and the applicant and his or her legal representative are
notified as soon as possible of the date and time of the hearing:
Provided that—
(i) if the applicant is legally represented, the registrar may require the applicant’s
legal representative to serve a copy of the written statement on the Prosecutor-
General, and the legal practitioner shall forthwith comply with such request;
(ii) the forty-eight hour period may be extended—
A. by written agreement between the applicant and the Prosecutor-
General if a copy of their agreement is filed with the registrar; or
B. if the judge so orders in terms of subrule (3).

(6) At least three hours (within the registry hours) before the hearing of an application for
bail, the Prosecutor-General shall cause the following documents to be filed electronically
with the registrar—
(a) his or her response to the application; and
(b) a copy of any comments which he or she has been able to elicit from the magistrate
who is presiding or who presided over the applicant’s trial, where the trial has
commenced or been completed;
and, where practicable, shall cause a copy of his or her response to be served electronically
on the applicant or the applicant’s legal practitioner.
(7) Where the Prosecutor-General has not filed a response in terms of subrule (6), the court or
a judge may determine the application without a written response from the Prosecutor-
General, who shall be permitted to make oral submissions at the hearing.
Provided that the court or a judge may extend the time during which the Prosecutor-General
is allowed to file a response on application being made either in writing or orally at the
hearing of the application.
Appeals against refusal of bail or conditions of recognisance
91. (1) An appeal in terms of section 121 of the Act by a person aggrieved by the decision of a
magistrate on an application relating to bail or the entering by him or her into recognisances,
shall be noted by filing with the registrar a written statement setting out—
a. the name of the appellant; and
b. the appellants residential address; and
c. if the appellant is employed, his or her employer’s name and address and the
nature of his or her employment; and
d. where the appeal is brought against the decision of a magistrate before the
appellant has been convicted—
(i) the offence with which the appellant is charged; and
 (ii) the court by which and the date on which the appellant was last remanded;
and
(iii)the court criminal record book number, if that number is known to the
applicant; and
(iv)the police criminal record number of the case, the name of the police officer
in charge of investigating the case and the police station at which he or she is
stationed, if those particulars are known to the applicant; and
e. where the appeal is brought against the decision of a magistrate after the appellant
has been convicted and sentenced—
(i) the offence of which the appellant was convicted and the sentence that was
imposed; and
(ii) the court or courts which convicted the appellant and imposed sentence upon
him or her; and
(iii)the court criminal record book number, if the number is known to the
appellant; and
(iv)the date or dates on which the appellant was convicted and sentenced;
f. where the appeal is brought against a refusal by a magistrate to grant bail—
(i) the grounds on which it was refused, if the grounds are known to the
appellant; and
(ii) the date on which it was refused; and
g. where the appeal is brought in relation to any recognisance or condition thereof—
(i) the terms of the recognisance or condition concerned; and
(ii) the date on which the magistrate required the recognisance to be entered into
or imposed the condition, as the case may be; and
h. the grounds on which the appellant seeks release on bail or the revocation or
alteration of the recognisance or condition, as the case may be.

Setting down of appeals

(2) The registrar shall set down an appeal referred to in subrule (1) within ninety-six hours
after it was filed, and shall ensure that—
(a) a copy of the written statement referred to in subrule (1) is served on the Prosecutor-
General as soon as possible after it was filed; and
(b) the Prosecutor-General and the appellant and his or her legal representative are
notified as soon as possible of the date and time of the hearing:
Provided that—
(i) if the appellant is legally represented, the registrar may require the appellant’s
 legal representative to serve a copy of the written statement on the
Prosecutor- General, and the legal practitioner shall forthwith comply with
such request;
(ii) the ninety-six hour period may be extended—
A. by written agreement between the appellant and the Prosecutor-
General if a copy of their agreement is filed with the registrar; or
B. if a judge so orders.

(3) At least three hours (within the registry hours) before the hearing of an appeal referred to
in subrule (1), the Prosecutor- General shall cause the following documents to be filed
electronically with the registrar—
(a) his or her written response to the appeal; and
(b) a copy of any comments which he or she has been able to elicit from the magistrate
whose decision is the subject of the appeal;
and, where practicable, shall cause a copy of his or her response to be served on the appellant
or his or her legal practitioners:
Provided that where the comments are in long hand and are not legible, the judge may request
a transcribed copy of such comments to be furnished to him or her.
Appeals by Prosecutor-General against grant of bail

92. (1) An appeal by the Prosecutor-General in terms of section 121(a) of the Act may be
noted, within the period of forty eight hours after the magistrate granted bail, by filing with
the registrar a written statement setting out—
a. the name of the person who was granted bail; and
b. where the appeal is brought against the decision of a magistrate granting bail to a
person before that person has been convicted—
i. the offence with which the person is charged; and
ii. the court by which and the date on which the person was granted
bail; and
c. where the appeal is brought against the decision of a magistrate granting bail to a
person after that person has been convicted and sentenced—
i. the offence of which the person was convicted and the
sentence that was imposed; and
ii. the court or courts which convicted the person and imposed
sentence upon him or her; and
iii. the date or dates on which the person was convicted and sentenced;
and
d. the amount of bail granted and any conditions of recognisance; and
e. the grounds on which the Prosecutor-General seeks the revocation or alteration of
bail.
(2) As soon as possible after an appeal referred to in subrule (1) has been filed—the
Prosecutor General shall cause a copy of the written statements referred to in subrule (1) to be
served on the presiding magistrate and the person who was granted bail or his or her legal
practitioner where that person is legally represented.
(3) Where practicable, a magistrate on whom a statement has been served in terms of subrule
(2) shall electronically file with the registrar his or her written comments on the appeal at
least three hours (within the registry hours) before the appeal.
(4) The registrar shall set down an appeal referred to in subrule (1) for hearing by a judge
within forty-eight hours after it was filed, and shall ensure that—
(a) the Prosecutor-General; and
(b) the person whose bail is the subject of the appeal, or any legal practitioner
representing that person, as the case may be; and
(c) the magistrate whose decision is the subject of the appeal; are notified as soon as
possible of the date and time of the hearing:
Provided that the forty-eight hour period may be extended—
(i) by written agreement between the Prosecutor- General and the person whose bail is
the subject of the appeal, if a copy of their agreement is filed with the registrar; or
(ii) if a judge so orders in terms of subrule (6) to (8) of rule 87.

(5) Where the person whose bail is the subject of an appeal referred to in subrule (1) is legally
represented, his or her legal practitioner shall cause his or her written response to the appeal
to be filed with the registrar within three hours before the hearing of the appeal and, where
practicable, shall cause a copy of his or her response to be served on the Prosecutor-General.
Urgency of bail applications and appeals
93. (1) The registrar shall ensure that every application or appeal referred to in this Part is
set down for hearing with the utmost urgency and a judge or court shall not refuse to
entertain a bail application based on a record of proceedings that is not transcribed
unless where such record is not legible.
(2) Whenever it comes to the attention of a prison officer in charge of a prison that a prisoner
lodged therein wishes to apply for bail or appeal against the refusal of bail in terms of this
Part, the prison officer shall ensure that—
a. the prisoner is provided with appropriate forms and adequate facilities with which
to make the application or appeal; or
b. any forms completed by the prisoner are forwarded to the registrar without any
delay for filing in terms of this Part.
PART XVI
APPEALS, CONSTITUTIONAL APPLICATIONS AND REFERRALS
 Applications for leave to appeal in criminal trials to the Supreme Court

Oral application after sentence passed

94. (1) Subject to the provisions of subrule (2), in a criminal trial in which leave to appeal
is necessary—
a. application for leave to appeal may be made by any party orally immediately
after sentence has been passed;
b. the applicant’s grounds for the application shall be stated and recorded by the
party concerned as part of the record;
and the judge who presided at the trial shall grant or refuse the application as he or she thinks
fit.

Application in writing
(2) Where application has not been made in terms of subrule (1), an application in writing
may be filed with the registrar within twelve days of the date of the sentence:
Provided that such application shall state the reason why application was not made in terms
of subrule (1), the proposed grounds of appeal and the grounds upon which it is contended
that leave to appeal should be granted.

Service of written application written submissions by the Prosecutor-General

(3) A copy of the application shall be served electronically on the Prosecutor- General
immediately after the application is filed with the registrar and whereupon, the Prosecutor-
General may file with the registrar written submissions on the application within two days of
the date of service on him or her.

Presiding judge may hear oral argument before determination

(4) Upon receipt of the application and the submissions of the Prosecutor-General, if any, the
registrar shall place the matter before the presiding judge, in chambers, who shall grant or
refuse the application as he or she thinks fit and he or she may, in his or her discretion,
require oral argument on any particular point or points raised and he or she may hear any
such argument in chambers or in court.

Application for condonation of failure to apply timeously

(5) Where an application has not been made within the period of twelve days, an application
for condonation may be electronically filed with the registrar and similarly served forthwith on
the Prosecutor-General, together with an application for leave to appeal, whereupon the
Prosecutor-General may, within three days of the date of the said service, file with the
registrar submissions on both applications and the provisions of subrule (4) shall apply to
both such applications and submissions, if any.

Provided that where reasons for the determination are not furnished the period of twelve days
shall only commerce from the date when the reasons are availed.
 Time limit for application for condonation
(6) No application in terms of subrule (5) may be made after the expiry of twenty-four days
from the date on which the sentence was passed, unless the judge otherwise orders.

Where presiding judge not available

(7) If the presiding judge is not available to deal with any application in terms of this rule it
may be dealt with by any other judge.

Proceedings under section 43 of the High Court Act

(8) In a case in which leave to appeal is necessary in respect of a judgment of the court given
in such proceedings as are described in subparagraph (ii) of paragraph (c) and in paragraph
(d) of subsection (2) of section 43 of the High Court Act [Chapter 7:06], the provisions of
subrules
(1) to (7) of this Rule shall apply to an application for leave to appeal and to an application
for condonation as if the words “Prosecutor-General” there were substituted by the word
“respondent”, and in addition the subrule 9 and 10 shall apply.
(9) If two or more judges sat together for the hearing of the matter in which leave to appeal is
applied for, then both or all such judges shall hear the application, if they are available, and if
one of them considered that leave to appeal should be granted, such leave shall be granted.
(10) In the case of an application by way of review which is deemed to have been dismissed
in terms of paragraph (a) of subsection (1) of section 30 of the High Court Act [Chapter
7:06], leave to appeal shall be granted on application for leave to appeal being made.
Miscellaneous appeals and reviews

95. (1) Subject to the provisions of subrule (2) this Rule shall apply to any appeal to or any
review by a judge or the court which is provided for in any enactment having the force
of law in Zimbabwe.

Application

(2) These rules shall not apply to—

a. a review in terms of the Act; or
b. an automatic review or any other review not at the instance of an aggrieved person
or party to the proceedings;
c. an appeal or review in relation to which the enactment concerned itself expressly—
(i) specifies that it shall be by notice of motion or other special procedure; or
(ii) provides for the making of rules or regulations governing procedure;
d. an appeal or review in relation to which special rules made in terms of the Act are
 in force;
e. an appeal relating to bail in terms of section 121 of the Act and an appeal relating to
bail in terms of section 16 of the Extradition of Offenders (Republic of South
Africa) Act [Chapter 61].

(3) In relation to an appeal or review to which this rule applies, the provisions of this rule
shall be read subject to those provisions which specify aspects of the procedure for the appeal
or review, as the case may be, but shall be applied to the fullest extent consistent therewith.

Interpretation of terms

(4) In this rule—

“notice” means a notice instituting an appeal or review as the case may be;
“tribunal” means any court, tribunal, council, board or other body against whose decision an
appeal lies to, or whose proceedings may be reviewed by, a judge or the court.

Reckoning of time
(5) Where anything is required by this Rule to be done within a particular number of days or
hours, a Saturday, Sunday or public holiday shall not be reckoned as part of that period.

Notice of appeal or review

(6) An appeal or review shall be instituted by means of a notice directed and, where
applicable, served electronically by the appellant to the presiding officer of the tribunal or the
officer whose decision or proceedings are in question, and to all other parties affected.
(7) A notice shall also be electronically filed with the registrar.

Time within which notice to be given

(8) Subject to the provisions of subrule (9), a notice shall be delivered and filed in accordance
with the provisions of subrule (6) within fifteen days of the decision appealed against being
given or the termination of the proceedings sought to be reviewed.

Condonation of late noting of appeal

(9) Save where it is expressly or by necessary implication prohibited by the enactment
concerned, a judge may, if special circumstances are shown, extend the time laid down,
whether by subrule (8) or by the enactment concerned, for instituting an appeal or review.

Contents of notice of appeal

(10) A notice instituting an appeal shall state—

(a) the tribunal or officer whose decision is appealed against; and

(b) the date on which the decision was given; and
 (c) the grounds of appeal; and
(d) the exact nature of the relief sought; and
(e) the address of the appellant or his or her legal representative.

(11) A notice instituting a review shall state—

(a) the tribunal or officer whose proceedings are brought on review; and
(b) the date on which the proceedings terminated; and
(c) the grounds of review; and
(d) the exact nature of the relief sought; and
(e) the address of the appellant or his or her legal representative:

(11)(a) The failure to comply with subrule 10 and 11 shall not automatically render an appeal
or review null and void, and at the hearing, the court or judge may, on good cause shown,
condone any failure to comply with this rule.

Reply
(12) The tribunal or officer concerned or any other person affected thereby shall be entitled to
file a reply to a notice instituting a review.
(13) A reply to a notice instituting a review shall be electronically filed with the registrar and,
where applicable, serve electronically on the to the other parties affected within ten days of
receipt of the notice.

Record
(14) Within fifteen days of receipt of a notice, the tribunal or officer concerned shall—

(a) if a formal record of the proceedings was kept, lodge it with the registrar;
(b) if no formal record of the proceedings was kept, lodge with the registrar reasons for
the decision concerned, together with all papers relating to the matter in issue.
(15) Where a formal record is lodged, the provisions of rule 62(5) shall, with the necessary
changes, apply.
(16) Where no formal record is lodged, the registrar may require to be submitted such
additional copies of papers as he or she deems necessary.

Heads of argument in appeals or reviews

(17) The registrar shall send written notification and, where applicable, electronic notification
to the parties as soon as he or she has received the record or other papers relating to an appeal
or review and, in the case of an appeal or review in which the appellant will be legally
represented at the hearing, the registrar shall call upon the legal practitioner representing the
appellant or applicant, as the case may be, to file heads of argument within fifteen days after
the date of such notification.
 (18) Within fifteen days after being called upon to file heads of argument in terms of subrule
(17), or within such longer period as a judge may for good cause allow, the legal practitioner
representing the appellant or the applicant, as the case may be, shall electronically file with
the registrar a document setting out the main heads of his or her argument together with a list
of authorities to be cited in support of each head, and immediately thereafter shall
electronically serve a copy to the respondent.
(19) Where the respondent is represented by a legal practitioner, that legal practitioner shall,
within ten days after receiving the heads of argument in terms of subrule (18), electronically
file with the registrar a document setting out the main heads of his or her argument together
with a list of authorities to be cited in support of each head, and immediately thereafter shall
electronically serve a copy to the appellant or applicant as the case may be:

Provided that—
(a) no period during which the court is on vacation shall be counted as
part of the ten-day period;
(b)the respondent’s heads of argument shall be filed at least five days before
the hearing as long as the respondent shall not have been barred in terms
of subrule (22).
(20) If the registrar does not receive heads of argument from the appellant’s or applicant’s
legal practitioner within the period specified in subrules (18) or (19) the appeal or review
shall be regarded as abandoned and shall be deemed to have been dismissed.

Hearing of appeal or review

(21) Where the enactment concerned provides that the appeal or review, as the case may be,
may be dealt with by a judge, the registrar, after receipt of all the papers relating thereto, shall
forthwith lay them before a judge in chambers.
(22) Where—

(a) a judge has directed that an appeal or review referred to in subrule (21) shall be—
(i) set down for oral argument in chambers; or
(ii) dealt with by the court; or
(b) the enactment concerned provides that the appeal or review shall be dealt with by the
court;
the registrar shall, subject to subrule (20), notify the parties of the date of set down:
Provided that, unless the parties agree otherwise, at least four weeks’ notice of the date of set
down shall be given to all parties to the appeal or review.
(23) The registrar may send a legal practitioner representing any party to an appeal or review,
a written notice requiring him or her to file with the registrar, not later than four days before
the hearing of the appeal or review, a document setting out the main heads of his or her
 argument together with a list of authorities to be cited in support of each head, and the legal
practitioner concerned shall comply with any such requirement:

Civil appeals from the magistrates court

Entry of appeal
95(A).(1) Every civil appeal shall be instituted in the form of a notice of appeal signed by the
appellant or his or her legal practitioner, which shall state—
(a) the date on which, and the court by which, the judgment appealed against was given;
(b) if leave to appeal or condonation and extension of time to appeal was granted, the date of such
grant;
(c) whether the whole or part only, and if so which part, of the judgment is appealed against;
(d) the grounds of appeal in accordance with the provisions of rule 44;
(e) the exact relief sought;
(f) the address for service of the appellant or his or her legal practitioner.
(2) The notice of appeal shall be filed and served on a registrar, a registrar of the Magistrate Court
and the respondent in accordance with rule 15.
(3) If the appellant does not serve the notice of appeal in compliance with subrule (2) as read with
rule 38, the appeal shall be regarded as abandoned and shall be deemed to have been dismissed.
Time for entry of appeal
95 B.(1) An appellant shall institute an appeal within the following times—
(a) by filing and serving a notice of appeal in compliance with subrule (2) within 15 days of the
date of the judgment appealed against;
(b) if leave to appeal is necessary and has been granted, by filing and serving a notice of appeal in
compliance with subrule (2) within ten days of the granting of leave to appeal or within fifteen
days of the date of the judgment appealed against, whichever is the later.

Applications generally
95 C.(1) Subject to the provisions of rules Part VIII of these rules, applications shall be by court
application signed by the applicant or his or her legal practitioner and accompanied by an affidavit setting
out any facts which are relied upon.
(2) The court application and any affidavits or other documents referred to in subrule (1) shall be
filed with a registrar and thereafter served on the opposite party within three days, failing which the
application shall be regarded as abandoned and deemed to have been dismissed.
(3) The respondent shall have the right to file opposing affidavits within five days of receipt of the
application in terms of this rule and, thereafter, the applicant shall have the right of filing answering
affidavits within a further period of five days calculated from the date of receipt of the respondent's
opposing affidavits.
(4) Applications referred to in rules Part VIII of these rules shall be by way of chamber application as
regulated, mutatis mutandis, by the High Court Rules.

Applications to lead further evidence on appeal

95 D An application to lead further evidence on appeal shall be accompanied by that evidence in the
form of an affidavit and also by an affidavit, or a statement from counsel, showing why the evidence was
not led at the trial, together with a copy of the judgment appealed from and a statement indicating in what
manner it is alleged the evidence sought to be adduced affects the matters at issue.
Power to allow amendment
95 E The court may upon application by notice or upon oral application by counsel during the course
of any hearing allow, upon such terms as it may think fit to impose, amendment of the grounds of appeal
or of any pleadings or other document and may similarly permit a party to appear or be represented
notwithstanding any declaration in terms of rule 95 N to the effect that the party does not intend to appear
or be represented.

Any other application

95 F If in the course of the hearing of an appeal any party wishes to make any other application, he or
she may do so verbally on such terms as the court may allow.

Applications for condonation and extension of time to appeal

95 G.(1) An application for condonation of non-compliance with the rules and for extension of time
in which to appeal shall be signed by the applicant or his or her legal practitioner and shall be
accompanied by a copy of the judgment against which it is sought to appeal, and a copy of the
proceedings before the Magistrates Court.
(2) An application for condonation of non-compliance with the rules and for extension of time in
which to appeal shall have attached to it a notice of appeal containing the matters required in terms of
subrule (1) of rule 95 A and an affidavit setting out the reasons why the appeal was not entered in time or
leave to appeal was not applied for in time. Counsel may set out any relevant facts in a statement. Where
such application is in relation to a matter in which leave to appeal is necessary the application shall, in
addition, comply with the requirements of subrule (1).
(3) An application in terms of this rule and accompanying documents shall be filed with a registrar
and thereafter served on the respondent within three days, failing which the application shall be regarded
as abandoned and deemed to have been dismissed.
(4) The respondent shall be entitled, within three days of service, to file with the registrar his or her
opposing affidavits, which shall also be served on the applicant and the applicant shall thereafter be
entitled, within three days, to file with the registrar his or her answering affidavits.
(5) The registrar shall give notice of the date of hearing to the parties.
(6) A judge may make such order on the application as he or she thinks fit and shall, if an extension
of time is granted, deal also with any question of leave to appeal which may be involved.
(7) If leave to appeal or condonation and extension of time to appeal is granted, the appeal shall be
deemed to have been instituted in accordance with the notice of appeal filed in the application on the date
on which leave is granted, unless the judge otherwise orders.
(8) Where an order is granted in terms of subrule (7), the appellant shall attach a copy of the order to
the notice of appeal.
(9) The registrar shall notify the clerk of the Magistrates Court of the date of the judgment or
determination in the matter and shall at the same time deliver to the clerk of the court a copy of the order
and judgment, if any.

Grounds of appeal
95 H.(1) The grounds of appeal shall be set forth clearly and concisely and in separate numbered
paragraphs.
(2) The appellant, whether on appeal or on cross-appeal, shall not without leave of the court urge or
be heard in support of any ground of appeal not set out when the appeal is entered, but the court in
deciding the appeal shall not be confined to the grounds so stated:
Provided that the court shall not rest its decision on any other ground unless the parties have had
sufficient opportunity to contest the case on that ground.
(3) Application to amend the grounds of appeal may be made before the hearing of the appeal to a
judge or at the hearing of the appeal by notice of amendment duly served on the respondent.
 Cross-appeal and abandonment of judgment
95 I.(1) When an appeal has been instituted the respondent shall be entitled, within ten days of the
entry of appeal in terms of rule 95 A, to enter a cross-appeal.
(2) Notice of cross-appeal shall be signed by the respondent or his or her legal practitioner
and shall state in respect of which appeal the cross-appeal is made and shall, mutatis mutandis,
comply with rules 95 A.
(3) The respondent in an appeal or in a cross-appeal may, at any time, by notice given to a
registrar and the opposite party, abandon the whole or any part of the judgment appealed against.

Preparation and service of record

95 J.(1) The appellant, unless he or she has been granted leave to appeal in forma pauperis, shall at
the time of the noting of an appeal in terms of rule 95 A or within such period therefrom not exceeding
fifteen days as the clerk of the Magistrates Court may allow, deposit with the said clerk the estimated cost
of the preparation of the record in the case concerned:
Provided that the clerk of the Magistrates Court may, in lieu of such deposit, accept a written
undertaking by the appellant or his or her legal representative for the payment of such cost immediately
after it has been determined.
(2) The clerk of the Magistrates Court shall be responsible for the preparation of the record.
(3) The record shall incorporate the notice of appeal and notice of cross-appeal, if any.
(4) After certification of the record, the clerk of the Magistrates Court shall file a certified copy with
the registrar and the respondent.
(5) If the appellant fails to comply with the provisions of subrule (1), or any written undertaking
made in terms of the proviso to that subrule, the appeal shall be deemed to have lapsed.

Stated case
95 K.(1) Either of the parties to an appeal may ask a judge to request that a question be stated for
determination by the Court in terms of section 32 of the Act.
(2) If on the request of a party in terms of subrule (1) or of his or her own motion the judge requests
that a case be stated under section 32 of the Act, the appellant shall, with the agreement, if possible, of the
respondent, prepare a draft stated case and submit it to the court whose judgment is appealed against.
(3) The stated case shall set out in numbered paragraphs—
(a) the relevant facts found proved by the court whose judgment is appealed against;
(b) the relevant portions of the judgment appealed against;
(c) the respective contentions of the parties in regard to that decision; and
(d) the question of law which arises for decision on appeal.
(4) On consideration of the draft stated case the court which gave the judgment may suggest
amendments to the draft to the party or parties who have prepared the stated case. If the parties thereafter
agree to the statement of case, the case shall be regarded as being so stated.
(5) If the draft stated case has been prepared by the appellant and the respondent has not agreed to
the draft, the appellant shall, after submitting the draft stated case to the court whose judgment has been
appealed against and amending the draft, if he or she considers it desirable, in the light of any suggestions
made by that court, serve notice on the respondent stating that the draft may be inspected at a place
specified and that unless he or she objects to the draft within seven days the case will be so stated.
(6) If no objection is made in terms of subrule (5) or if the parties can, within the period specified,
agree to the terms of an amended draft, the case shall be regarded as being stated in terms of the draft or
amended draft, as the case may be.
(7) If objection is made in terms of subrule (5) and no agreement can be reached within the period
specified as to the terms of an amended draft, the parties shall be deemed to have failed to agree upon the
terms of the stated case and the matter shall thereafter be dealt with in the manner specified in section
32(3) of the Act.
(8) After a statement of the case has been agreed upon, the appellant shall prepare a record consisting
of the notice of appeal, the cross-appeal if any, the stated case and a copy of the judgment appealed
against.
Abandonment
95 L.(1) An appellant may at any time abandon an appeal by giving notice to that effect to a registrar
and to the respondent.
(2) A respondent may, upon receipt of a notice in terms of subrule (1), make application to a judge
for an order in respect of any costs incurred by him or her, including the costs of any cross-appeal:
Provided that, where a respondent claims the costs of a cross-appeal in terms of this subrule, the
cross-appeal shall, thereby, be deemed to have been abandoned.
(3) An appellant in a cross-appeal may at any time abandon a cross-appeal and, except in the case
where a cross-appeal is deemed to have been abandoned by virtue of the provisions of subrule (2), the
respondent in the cross-appeal may thereupon claim his or her costs by making an application to a judge
for an order in respect of any costs incurred by him or her by virtue of such cross-appeal.
(4) If on the abandonment of an appeal by an appellant the respondent who has noted a cross-appeal
wishes to persist in his or her cross-appeal, such respondent shall be regarded as the appellant for the
purposes of the preparation of the record and the prosecution of the appeal.
(5) The registrar shall notify the clerk of the Magistrates Court of any abandonment of an appeal or
cross-appeal in terms of this rule.

In forma pauperis proceedings

95 M.(1) Any person without means may apply for leave to prosecute or defend a civil appeal in
forma pauperis as provided for in rule 80.

Written arguments
95 N A party to a civil appeal may, not less than five days before the date on which the appeal has
been set down for hearing, file with a registrar a declaration in writing that he or she does not intend to be
present in person or to be represented by counsel at the hearing of the appeal, together with four copies of
such argument as he or she wishes to submit to the court. Such argument shall be in numbered
paragraphs under distinct heads. A copy of such declaration and argument shall be served on the other
parties to the appeal as soon as possible after service on the registrar.

Preliminary objections
95 O A party to an appeal who intends to rely on a preliminary objection to any proceeding or to the
use of any document shall give notice in writing of the objection to a registrar and to the opposite party
and where the objection is to be taken at the hearing of an appeal three additional copies of the notice
shall be given to the registrar.

Setting down of appeal and heads of argument

95 P.(1) Where the appellant will be represented by a legal practitioner at the hearing of the appeal, a
registrar shall send written notification to that legal practitioner as soon as he or she has received the
record in terms of rule 46, and shall call upon the legal practitioner to file heads of argument within
fifteen days after the date of such notification.
(2) Within fifteen days after being called upon to file heads of argument in terms of subrule (1), or
within such longer period as a judge may for good cause allow, the appellant’s legal practitioner shall file
with the registrar a document setting out the heads of his or her argument together with a list of
authorities to be cited in support thereof, and immediately thereafter shall deliver a copy to the
respondent.
 r

(3) Where the respondent is to be represented by a legal practitioner at the hearing of the appeal, that
legal practitioner shall, within ten days after receiving the appellant’s heads of argument in terms of
subrule (2), file with the registrar a document setting out the heads of his or her argument together with a
list of authorities cited in support thereof, and immediately thereafter shall deliver a copy to the appellant:
Provided that, where—
(i) the respondent’s legal practitioner has not received the appellant’s heads of argument in terms of
subrule (2), whether because the appellant will not be legally represented at the hearing of the
appeal or for any other cause; or
(ii) the appeal is set down for hearing less than fifteen days after the respondent’s legal practitioner
receives the appellant’s heads of argument in terms of subrule (2);
the respondent’s legal practitioner shall file his or her heads of argument as soon as possible and in any
event not less than four days before the hearing of the appeal.
(4) Upon receiving the appellant’s heads of argument in terms of subrule (2), the registrar shall set
the appeal down for hearing:
Provided that, unless the parties agree otherwise, at least four weeks’ notice shall be given to the
appellant and the respondent.
(5) Where a respondent who is legally represented fails to file his or her heads of argument in terms
of subrule (3), he or she shall be automatically barred.
Dismissal of appeal in the absence of heads of argument or appearance
95 Q.(1) If, within the period specified in subrule (1) of rule 95 P, a registrar does not receive heads
of argument, from an appellant who is legally represented, the appeal shall be regarded as abandoned and
shall be deemed to have been dismissed.
(2) Where an appeal is deemed to have been dismissed in terms of subrule (1), the registrar shall
forthwith notify the parties and the clerk of the Magistrates Court of that fact.
(3) Where, at the time of the hearing of an appeal, there is no appearance for the appellant or no
heads of argument have been filed by him, the court may, at its discretion, determine or dismiss the
appeal and make such order as to costs as it may think fit.
(4) The registrar shall notify the clerk of the Magistrates court of the dismissal of any appeal under
this rule.

Third parties
95 R.(1) If prior to the hearing of an appeal it appears to a judge, or at the hearing it appears to the
court, that a person who is not a party to the appeal may be so affected by an order made in it that he or
she must be heard, notice may be given to that person to enable him to apply to intervene in the appeal if
he or she so wishes.
(2) If notice is given in terms of subrule (1) the person to whom notice is given may apply to the
judge or to the court, as the case may be, for permission to enable him or her to intervene in the appeal.
(3) The judge or the court hearing an application in terms of subrule (2) may refuse the application or
grant it upon such terms and conditions as may seem just.

Security
95 S.(1) If the judgment appealed from is carried into execution by direction of the court appealed
from, security for the costs of appeal shall be as determined by that court and shall not be required under
this rule.
(2) Where the execution of a judgment is suspended pending an appeal and the respondent has not
waived his or her right to security, the appellant shall, before lodging copies of the record with a registrar,
enter into good and sufficient security for the respondent’s costs of appeal:
Provided that where the parties are unable to agree on the amount or nature of the security to be
furnished—
 (i) the matter shall be determined by the registrar upon application by the appellant; and
(ii) the registrar shall specify the period within which the security shall be furnished.
(3) A judge may, on application at the cost of the appellant and for good cause shown, exempt the
appellant wholly or in part from the giving of security under subrule (2).
(4) No security for costs in terms of subrule (2) need be furnished by the Government of Zimbabwe
or by a municipal or city council or by a town management board.
(5) Subject to the proviso to subrule (2), where an appellant is required by this rule to furnish security
for the respondent’s costs of appeal, such security shall be furnished within one month of the date of
filing of the notice of his or her appeal in terms of rule 95 A or, where applicable, within the period
specified by the registrar in terms of the proviso to subrule (2).
(6) If an appellant who is required to furnish security for the respondent’s costs of appeal fails to
furnish such security with the period specified in subrule (5), the appeal shall be regarded as abandoned
and shall be deemed to have been dismissed.

Taxation
95 T.(1) Where costs are allowed they shall be taxed by a registrar and legal practitioners’ fees shall
be charged and taxed in accordance the tariff published from time to time.
(2) Any party aggrieved by the taxation shall give notice of review to the registrar and to the opposite
party within fifteen days of the taxation, setting out his or her grounds of objection.
(3) The registrar shall make a report in writing setting forth any relevant facts found by him and
stating his or her reasons for any decision. A copy of such report shall be given to a judge and shall be
served on the parties to the taxation.
(4) Thereafter the registrar shall fix a date for hearing of the review by the judge.
(5) The judge may make such order on the review as to him or her seems just.

Criminal appeals from the magistrates court

Reckoning of time
96. (1) Where anything is required by this rule to be done within a particular number of days or
hours, a Saturday, Sunday or public holiday shall not be reckoned as part of that period.

Departure from rules

(2) A judge or the High Court may direct a departure from this rule in any way where this is
required in the interest of justice, and, additionally or alternatively, may give such directions on
matters of practice or procedure as may appear to him or her to be just and expedient.

Unsuspended sentence to be treated with urgency

(3) The prosecution and finalisation of all appeals in terms of these rules, especially any appeal,
other than an appeal by the Prosecutor-General in terms of paragraph (a) of section 61 of the
Magistrate Court [Chapter 7:10], relating to a case in which the convicted person has received
an unsuspended sentence, shall be treated by all persons concerned as a matter of urgency.

Amendment of notice of appeal

(4) The Prosecutor-General or an appellant may amend his or her notice of appeal by lodging a
notice in five copies with the registrar setting out clearly and specifically the amendment to the
grounds of appeal—
(a) in the case of an appeal against conviction or conviction and sentence, as soon as
possible and in any event not later than twenty days after the noting of the appeal;
(b) in the case of an appeal against sentence only, as soon as possible and in any event not
later than ten days after the noting of the appeal.
(5) A copy of an amended notice of appeal lodged in terms of subrule (4) shall, at the same time
as the lodging of such notice, be served on the other party to the appeal.
(6) An amendment to a notice of appeal in terms of subrule (4) shall not delay the preparation
and lodging with the registrar of the record of the case to which the appeal relates.

Renunciation of agency by legal practitioner

(7) Subject to this rule, an appellant’s legal practitioner may for good cause renounce his or her
agency at any time before the appeal has been set down for hearing or, after it has been set down,
not later than three weeks after he or she has been notified of the date of hearing of the appeal in
terms of this part.
Provided that, where he or she has agreed to less than six weeks’ notice of the date of hearing, he
or she may not renounce his or her agency in terms of this paragraph later than one month before
the date of hearing.
(8) Where an appellant’s legal practitioner wishes to renounce his or her agency in terms of
subrule (7), he or she shall without delay electronically file a notice with the registrar in Form
HC MC 1 and, as soon as possible thereafter, electronically serve copies of the notice upon the
appellant and upon every other party to the appeal, and shall electronically lodge proof of such
service with the registrar in accordance with Rule 15.
(9) A renunciation of agency in terms of subrule (7) shall be effective from the date on which the
notice referred to in subrule (8) is filed with the registrar.
(10) Where an appellant’s legal practitioner wishes to renounce his or her agency after the period
specified in subrule (7), he or she shall electronically apply to the court or a judge for leave to do
so and the court or judge, as the case may be, may grant leave if it or he or she, as the case may
be, considers that the circumstances of the case justify such a course.
(11) If the appellant’s legal practitioner purports to renounce his or her agency otherwise than in
terms of subrule (7) or (8) or without leave granted in terms of subrule (10), as the case may be,
the renunciation shall be ineffective, and—
(a) any process served upon him or her in relation to the appeal shall be considered good
service; and
(b) he or she shall appear on behalf of the appellant at the hearing of the appeal.
(c) If he or she does not so appear, the registrar shall refer the matter to the Law Society for
investigation.
Special orders as to costs
(12) If the court considers that the conduct of a party to an appeal or application under these
rules has been such as to warrant such a course, the court may make any one or more of the
following orders—
(a) depriving a successful party of all or part of his or her costs in the appeal or application
and additionally, or alternatively, in the trial court;
(b) ordering a successful party to pay all or part of the costs of the other party in the appeal
or application and additionally, or alternatively, in the trial court;
(c) ordering a party to pay costs on a legal practitioner and client scale or on any other
appropriate scale.
(13) If the court considers that the conduct of a legal practitioner representing a party to an
appeal or application under these rules has been such as to warrant such a course, the court may
make any one or more of the following orders—
(a) ordering him or her personally to pay all or part of the costs of the appeal or alternatively,
in the trial court;
(b) ordering him or her to refund to his or her client all or any of the fees his or her client
may have paid him or her in respect of the appeal and additionally, or alternatively, in the
trial court;
(c) ordering him or her not to charge his or her client any fee in respect of all or part of the
work done by him or her in respect of the appeal or application and additionally, or
alternatively, the proceedings in the trial court.
Appeals by Prosecutor-General upon point of law
97. (1) Where the Prosecutor-General wishes to appeal in terms of section 61 of the Magistrate
Court Act [Chapter 7:10] against the finding of the court upon a point of law in any criminal
case, he or she shall—
y. note the appeal electronically with the clerk of the court specifying the judgment
against which the appeal is brought and the point of law in issue; and
z. send to the last-known address of the person who was the accused person in the case
to which the appeal relates a copy of such notice of appeal together with a notice in
writing advising him or her that the ruling of the High Court on the appeal shall in no
way affect the finality of the finding of the court in his or her case, and that he or she
has the right, should he or she so desire, at his or her expense, to be represented by a
legal practitioner for the purpose of arguing the point of law in issue.
(2) The clerk of the court shall, within five days of the noting of an appeal in terms of subrule (1)
send one copy of the notice of appeal to the registrar.

Response by magistrate to notice of appeal

(3) The magistrate shall, within five days of the noting of an appeal in terms of subrule (1), so far
as may be necessary having regard to any judgment or statement filed of record, file with the
clerk of court a statement in writing setting forth the facts which he or she found to be proved
and his or her reasons for judgment and sentence and dealing with the grounds of appeal.
(4) The clerk of the court shall immediately serve on the Prosecutor-General a copy of any
statement filed in terms of subrule (3) and such statement shall become part of the record.
(5) Within five days of receipt of the statement filed in terms of subrule (3), the Prosecutor-
General may amend his or her grounds of appeal by lodging with the clerk of the court a written
statement setting out clearly and specifically such amendments.
(6) The magistrate may, within five days of the lodging of any amendments to the grounds of
appeal in terms of subrule (5), file with the clerk of the court a further or amended statement as
to the facts which he or she found to be proved and his or her reasons for judgment and sentence
and dealing with the amended grounds of appeal.
(7) The clerk of the court shall immediately serve on the Prosecutor-General a copy of any
statement filed in terms of subrule (6) and such statement shall become part of the record.

Preparation of record
(8) The clerk of the court shall, on receipt of the notice of appeal filed in terms of subrule (1),
give instructions for the preparation of the record:
Provided that those parts of the record which the Prosecutor- General indicates are unnecessary
for the determination of the appeal shall be omitted therefrom.
(9) The clerk of the court shall, as soon as possible and in any event not later than twenty days
after the noting of the appeal in terms of subrule (1), file with the registrar the record of the
proccedings duly certified.

Setting down of appeal

(10) The registrar shall upon receiving the record and copies thereof referred to in subrule (9), set
the appeal down for hearing:
Provided that, unless the persons concerned agree otherwise, at least seven days’ notice shall be
given to the Prosecutor-General and any representative of the person who was the accused in the
case to which the appeal relates.
Appeals by Prosecutor-General against sentence where leave to appeal is not required

Noting of appeal
98.(1) Where the Prosecutor-General wishes to appeal in terms of section 62(1)(a) of the
Magistrate Court [Chapter 7:10] against sentence, he or she shall, as soon as possible and in any
event not later than ten days after sentence has been passed—
(a) note the appeal by filing a notice with the clerk of the court specifying the
sentence against which the appeal is brought and the grounds of the appeal; and
(b) send to the last known address of the person convicted in the case to which the
appeal relates a copy of such notice of appeal together with a notice in writing
advising him or her of—
(i) the sentence which the Prosecutor-General considers should have been
imposed; and
(ii) the right of such convicted person to apply to the registrar for legal aid; and
(iii) the right of such convicted person to appear in person or to be represented
at his or her own expense by a legal practitioner of his or her choice.
(2) The clerk of the court shall, as soon as possible after the noting of the appeal in terms of
subrule (1), serve the notice of appeal on the registrar.

Response by magistrate to notice of appeal

(3) The magistrate shall, within five days of the lodging of a notice of appeal in terms of subrule
(1), so far as may be necessary having regard to any judgment or statement already filed of
record, file with the clerk of the court a statement in writing setting forth the facts which he or
she found to be proved and his or her reasons for judgment and sentence and dealing with the
grounds of appeal, and such statement shall form part of the record:
Provided that if the magistrate is not available or for any other reason unable to comply with this
requirement, such statement shall not, unless a judge otherwise directs, be required, and its
absence shall not delay the preparation of the record.

Preparation of record
(4) The clerk of the court shall on receipt of the notice of appeal lodged in terms of subrule (1),
give instructions for the preparation of the record:
Provided that those parts of the record which the Prosecutor- General indicates are unnecessary
for the determination of the appeal shall be omitted therefrom.
(5) The clerk of the court shall, as soon as possible and in any event not later than ten days after
the noting of the appeal in terms of subrule (1), file with the registrar the record of the
proceedings duly certified.
(6)A copy of the record referred to in subrule (5) shall be made available without charge to the
convicted person referred to in subrule (1)(b).

Setting down of appeal

(7) The registrar shall, upon receiving the record and copies thereof referred to in subrule (5), set
the appeal down for hearing:
Provided that, unless the parties agree otherwise, at least seven days’ notice shall be given to the
Prosecutor-General and the convicted person referred to in subrule (1)(b) or his or her legal
representative.
Appeals by Prosecutor-General against sentence where leave to appeal is required

Application for leave to appeal

99.(1) Where the Prosecutor-General wishes to appeal in terms of section 62(1)(b) of the
Magistrate Court Act [Chapter 7:10] against sentence, he or she shall, as soon as possible and in
any event not later than ten days after sentence has been passed—
(a) apply for leave to appeal by filing an application for such leave
together with a draft notice of appeal with the registrar; and
(b) file a copy of the documents referred to in paragraph (a) with the clerk
of the magistrates court concerned.
Response by magistrate to application for leave to appeal
(2) The documents referred to in subrule (1)(b) shall be laid before the magistrate who passed the
sentence, and the magistrate shall, within five days of the lodging of such documents, so far as
may be necessary having regard to any judgment or statement already filed of record, file with
the clerk of the court a statement in writing setting out the facts which he or she found to be
proved and the reasons for judgment and sentence, and replying to the draft grounds of appeal:
Provided that, if the magistrate is unavailable, or for any other reason unable to comply with this
requirement, such statement shall not, unless a judge of the High Court otherwise directs, be
required.
(3) The clerk of the court shall, within five days of the lodging of the documents referred to in
subrule (1)(b), file with the registrar the record of proceedings of the case together with any
statement referred to in subrule (2):
Provided that, where any of the evidence in the case has been taken down in shorthand writing or
recorded by mechanical means, it shall be sufficient compliance with the provisions of this
subrule if the clerk of the court files with the registrar copies of the manuscript notes of such
evidence made by the magistrate.

Consideration of application by judge of the High Court

(4) The registrar shall, on receipt of the documents referred to in subrule (3), lay them
immediately before a judge of the High Court.
(5) If the judge of the High Court considers that, prima facie, the sentence passed in the case is
manifestly inadequate, he or she shall grant leave to appeal.
(6) If the judge of the High Court considers that, prima facie, the sentence is not manifestly
inadequate, he or she shall refuse the application, and the registrar shall forthwith notify the clerk
of the court accordingly.
(7) If leave to appeal is granted, the registrar shall—
(a) notify the clerk of the court immediately and send him or her all the documents relating to
the matter; and
(b) notify the convicted person of the granting of leave to appeal against sentence and inform
him or her of his or her rights to appear in person, to be represented by a legal practitioner
of his or her choice, or to apply to the registrar for legal aid.
Preparation of record
(8) The clerk of the court shall, on receiving notice in terms of subrule (7), give instructions for
the preparation of the record:
Provided that those parts of the record which the Prosecutor- General indicates are unnecessary
for the determination of the appeal shall be omitted therefrom.
(9) The clerk of the court shall, as soon as possible and in any event not later than ten days after
receiving notice in terms of subrule (7), file with the registrar a copy of the record duly certified.
(10) A copy of the record referred to in subrule (9) shall be made available without charge to the
convicted person or his or her legal representative.
 Appeal against conviction and sentence by convicted person who is legally represented

Application of this Rule

100.(1) The provisions of this rule shall apply in respect of an appeal by a person convicted by a
court who is or intends to be legally represented at the hearing of the appeal and who appeals
against conviction or both conviction and sentence (hereinafter in this rule called “the
appellant”).
Noting of appeal
(2) The appellant shall, within ten days of the passing of sentence, or, where a request in writing
has been made for the reasons of judgment and sentence, within five days of the receipt of the
judgment and sentence, note his or her appeal by lodging with the clerk of the court a notice
setting out clearly and specifically the grounds of the appeal and giving, for the purpose of
service, the electronic address of his or her legal representative or, if a legal representative has
yet to be appointed, the address of the appellant:
Provided that, where the proceedings are sent on review in terms of subsection (1) of section 51
or section 58 of the Magistrate Court Act [Chapter 7:10], the appellant may, by notice in writing
to the clerk of the court, within four days of the passing of sentence, elect to defer the noting
of the appeal until after the determination of the review proceedings, and may note his or her
appeal in terms of this rule against the conviction or conviction and sentence, as the case may be,
with such alterations thereto as may have been determined on review within five days of the
date on which the determination of the review proceedings is communicated to him by the clerk
of the court, in which event, the Clerk of the Court at which the appellant was
convicted shall be obliged to communicate to the appellant the outcome of the
review within forty-eight hours of the receipt of the record from the High
Court.
(3) The appellant shall, at the time of the noting of an appeal in terms of subrule (2) or within
such period thereof, not exceeding five days as the clerk of the court may allow, deposit with the
clerk of the court the costs as estimated by the clerk of the court of one certified copy of the
record in the case concerned:
Provided that the clerk of the court may, in lieu of such deposit, accept a written under taking by
the appellant or his or her legal representative for the payment of such costs immediately after it
has been determined.
(4) Any difference between any payment of the estimated cost referred to in subrule (3) and the
actual cost of the copy of the record shall be paid to the clerk of the court by the appellant or by
the clerk of the court to the appellant, as the case may be, once the cost has been determined and
before the appeal is heard.
(5) Any failure to comply with the provisions of subrule (3) or (4) or any undertaking made in
terms of the proviso to subrule (3) shall invalidate the noting of an appeal:
Provided that a judge of the High Court may give leave for a fresh appeal to be noted.
(6) The notice of appeal shall be filed with the registrar of the High Court, and
served upon the respondent. If the appellant does not do so, the appeal shall
be regarded as abandoned and deemed to have been dismissed.
Response by magistrate to notice of appeal
(7) The magistrate shall, within five days after the noting of an appeal in terms of subrule (2), so
far as may be necessary having regard to any judgment or statement already filed of record, file
with the clerk of the court a statement in writing setting for the facts which he or she found to be
proved and his or her reasons for judgment and sentence and dealing with the grounds on which
the appeal is based:
Provided that, if the magistrate is not available or for any other reason unable to comply with this
requirement such statement shall not, unless a judge of the High Court otherwise directs, be
required, and its absence shall not delay the preparation of the record.
(8) The clerk of the court shall immediately dispatch to the electronic address given in terms of
subrule (2) a copy of the statement, if any, delivered in terms of subrule (7), and such statement
shall become part of the record.
(9) Within five days after receipt of the statement delivered in terms of subrule (8), the appellant
may amend his or her grounds of appeal by lodging with the clerk of the court a written
statement setting out clearly and specifically such amendments.
(10) The magistrate may, within five days of the lodging of any amendments to the grounds of
appeal in terms of subrule (9), deliver to the clerk of the court a further or amended statement as
to the facts which he or she found to be proved and his or her reasons for judgment and sentence
and dealing with the amended grounds of appeal:
Provided that, if the magistrate is not available or for any other reason unable to avail himself or
herself of the opportunity to make a further or amended statement such statement shall not,
unless a judge of the High Court otherwise orders, be required, and its absence shall not delay
the preparation of the record.
(11) The clerk of the court shall immediately dispatch to the electronic address given in terms of
subrule (2) a copy of any statement delivered in terms of subrule (10), and such statement shall
become part of the record.
(12) The appellant or his or her legal representative shall be deemed to have received any
statement electronically dispatched in terms of subrule (10) or (11) within four days of its
dispatch by the clerk of the court to the address given in terms of subrule (2).

Preparation of record
(13) The clerk of the court shall on receipt of the payment or undertaking, as the case may be,
referred to in subrule (3), give instructions for the preparation of the record.
(14) The clerk of the court shall, as soon as possible and in any event not later than twenty days
after the noting of the appeal in terms of subrule (2), file with the registrar the record duly
certified and shall server a copy on the appellant or his or her legal representative:
Provided that if the appellant or his or her representative does not inspect the
record within five days after being invited to do so, the Clerk of Court shall
nonetheless forward the record to the Registrar of the High Court with a note
and proof that the appellant did not inspect the record despite invitation to do
so.
Setting down of appeal and heads of argument
(15) The registrar shall send written notification to the appellant’s legal practitioner as soon as he
or she receives the record and copies thereof referred to in subrule (14), and shall call upon the
legal practitioner to file heads of argument within fifteen days after the date of such notification.
(16) Within fifteen days after being called upon to file heads of argument in terms of subrule (15)
or within such longer period as a judge may for good cause allow, the appellant’s legal
practitioner shall file with the registrar a document setting out the main heads of his or her
argument together with a list of authorities to be cited in support of each head, and immediately
thereafter shall deliver a copy to the Prosecutor-General.
(17) Within fifteen days after receiving the appellant’s heads of argument, the Prosecutor-
General shall file with the registrar a document setting out the main heads of his or her argument
together with a list of authorities to be cited in support of each head, and deliver a copy to the
appellant’s legal practitioner.
Provided that, where the appeal is set down for hearing less than twenty days after the
Prosecutor-General receives the appellant’s heads of argument, the Prosecutor-General shall file
his or her heads of argument as soon as possible and in any event not later than three days before
the hearing of the appeal.
(18) Upon receiving the appellant’s heads of argument in terms of subrule (17), the registrar shall
set the appeal down for hearing:
Provided that, unless the persons concerned agree otherwise, at least four weeks’ notice shall be
given to the appellant and the Prosecutor-General.
(19) If the registrar does not receive heads of argument from the appellant’s legal practitioner
within the period specified in subrule (17), the appeal shall be regarded as abandoned and shall
be deemed to have been dismissed.
(20) Where an appeal is deemed to have been dismissed in terms of subrule (19), the registrar
shall forthwith send written notification of that fact to the Prosecutor-General and the trial court.
(21) If the registrar does not receive heads of argument from the appellant’s legal practitioner
within the period specified in subrule (16), the appeal shall be regarded as abandoned and shall
be deemed to have been dismissed and whereupon the registrar shall forthwith send written
notification of that fact to the Prosecutor-General and the trial court.
Appeal against conviction or conviction and sentence by convicted person in person
101. (1) The provisions of this rule shall apply in respect of an appeal by a person convicted
by a court who intends to appeal in person and who appeals against conviction or both
 conviction and sentence (hereinafter in this rule called “the appellant”).

Noting of appeal
(2) The appellant shall, within ten days of the passing of sentence, note his or her appeal by filing
with the clerk of the court a notice —
a. setting out clearly and specifically the grounds of appeal and giving, for the
purpose of service, the address of the appellant; and
b. stating that the appellant intends to prosecute the appeal in person.

Response by magistrate to notice of appeal

(3) The magistrate may, within four days of the noting of an appeal in terms of subrule (2), file
with the clerk of the court a statement containing any comments which he or she may wish to
make on the grounds of appeal.

(4) The clerk of the court shall, as soon as he or she receives any statement referred to in subrule
(3) and in any event not later than five days after the noting of the appeal in terms of subrule
(2), file with the registrar the record of the proceedings of the case together with any statement
referred to in subrule (3):
Provided that, where any evidence in the case has been taken down in shorthand writing or
recorded by mechanical means, it shall be sufficient compliance with the provisions of this
subrule if the clerk of the court forwards to the registrar copies of the manuscript notes of such
evidence made by the magistrate.

Consideration of application for certificate by judge of the High Court

(5) The registrar shall, on receipt of the documents referred to in subrule (4), lay them
immediately before a judge of the High Court.
(6) If the judge of the High Court grants a certificate in terms of subsection (1) of section 36 of
the High Court Act [Chapter 7:06]—
(a) the registrar shall notify the clerk of the court immediately and send him or her all the
documents relating to the matter; and
(b) the clerk of the court shall notify the appellant of the granting of such certificate.

(7) If the judge of the High Court refuses to grant a certificate in terms of subsection (1) of
section 36 of the High Court Act [Chapter 7:06], the registrar shall notify the appellant and
the clerk of the court accordingly.

Response of magistrate to granting of certificate

(8) The magistrate shall, within five days of notification in terms of subrule (6)(a), so far as may
be necessary having regard to any judgment or statement filed of record, file with the clerk of
the court a statement in writing setting forth the facts which he or she found to be proved and
his or her reasons for judgment and sentence and dealing with the grounds of appeal, and
such statement shall become part of the record:
Provided that, if the magistrate is not available or for any other reason unable to comply within
this requirement, such statement shall not, unless a judge of the High Court otherwise directs,
be required, and its absence shall not delay the preparation of the record.
(9) The clerk of the court shall immediately forward to the address given in terms of subrule (2)
(a) a copy of the statement if any, delivered in terms of subrule (8), and such statement shall
become part of the record.

Preparation of record
(10) The clerk of the court shall, on receiving notice in terms of subrule (6)(a), give
instructions for the preparation of the record.
(11) The clerk of the court shall, as soon as possible and in any event not later than twenty
days after receiving notice in terms of subrule (6)(a), file with the registrar a copy of the
original record which shall be certified as true and correct and a copy shall be forwarded to
the appellant without charge.

Setting down of appeal

(12) The registrar shall, upon receiving the record refer to in subrule (11), set the appeal
down for hearing:
Provided that, unless the persons concerned agree otherwise, at least four weeks’ notice shall be
given to the appellant and the Prosecutor-General.
Appeal against sentence by convicted person who is legally represented
 102. (1) The provisions of this rule shall apply in respect of an appeal by a person convicted
and sentenced by a court who is or intends to be legally represented at the hearing of the appeal
and who appeals against sentence only (hereinafter in this rule called “the appellant.”)

Noting of appeal
(2) The appellant shall, within five days of the passing of sentence, note his or her appeal by
filing with the clerk of the court a notice setting out clearly and specifically the grounds of
the appeal and giving, for the purpose of service, the address of his or her legal representative
or, if a legal representative has yet to be appointed, the address of the appellant:
Provided that, where the proceedings are sent on review in terms of subsection (1) of section
57 or section 58 of the Magistrate Court Act [Chapter 7:10], the appellant may, by notice in
writing to the clerk of the court, within four days of the passing of sentence, elect to defer the
noting of the appeal until after the determination of the review proceedings, and may note his
or her appeal in terms of this rule against the sentence, with such alterations thereto as may
have been determined on review, within five days of the date on which the determination of the
review proceedings is communicated to him or her by the clerk of the court, in which event,
the Clerk of the Court at which the appellant was convicted shall advise the
appellant of the outcome of the review within forty-eight hours of the receipt
of the record from the High Court.
(3) The appellant shall, at the time of the noting of an appeal in terms of subrule (2) or within
such period, not exceeding five days, as the clerk of the court may allow, deposit with the
clerk of the court the cost as estimated by the clerk of the court of one certified copy of the
record in the case concerned:
Provided that the clerk of the court may, in lieu of such deposit, accept a written undertaking
by the appellant or his or her legal representative for the payment of such cost immediately
after it has been determined.
(4) Any difference between any payment of the estimated cost referred to in subrule (3) and the
actual cost of the copy of the record shall be paid to the clerk of the court by the appellant or
by the clerk of the court to the appellant, as the case may be, once the actual cost has been
determined and before the appeal is heard.
(5) Any failure to comply with the provisions of subrule (3) or (4) or any undertaking made in
terms of the proviso to subrule (3) shall invalidate the noting of an appeal:
Provided that a judge of the High Court may, on good cause shown, reinstate the appeal.
(6) The appellant shall file a copy of the notice of an appeal noted in accordance with the
provisions of this rule with the registrar within 48 hours of having lodged it with the clerk of
court.

Response by magistrate to notice of appeal

(7) The magistrate shall, within five days after the noting of an appeal in terms of subrule (2), so
far as may be necessary having regard to any judgment or statement already filed of record,
deliver to the clerk of the court a statement in writing setting forth the facts which he or she
found to be proved and his or her reasons for judgment and sentence and dealing with the
grounds on which the appeal is based:
Provided that, if the magistrate is not available or for any reason unable to comply with this
requirement, such statement shall not, unless a judge of the High Court otherwise directs, be
required and its absence shall not delay the preparation of the record.
(8) The clerk of the court shall immediately forward to the address given in terms of subrule
(2) a copy of the statement, if any, delivered in terms of subrule (7) and such statement shall
become part of the record.

Preparation of record
(9) Subject to the provisions of this rule, the clerk of the court shall, on receipt of the payment
or undertaking, as the case may be, referred to subrule (3), give instructions for the
preparation of the record.
(10) The record prepared under the provisions of subrule (9) shall consist of electronic
copies of —

(a) the notice of appeal; and

(b) any statement delivered to the clerk of the court in terms of subrule (7); and
(c) the judgment of the magistrate and his or her reasons for sentence; and
(d) the record of the proceedings; and
(e) any statement of agreed facts placed before the magistrate; and
(f) any record of previous convictions proved at the trial; and
(g) any other part of the proceedings which—
(i) the appellant, through his or her legal representative, has in terms of subrule
(11) ,requested to be included in the record; and
(i) the Prosecutor-General has, in terms of subrule (13), requested to be included
in the record.
(11) The appellant may, at the time of the noting of the appeal, through his or her legal
representative, request the clerk of the court in writing to include in the record prepared under
the provisions of subrule (9) any part of the proceedings in addition to the parts referred to in
paragraphs (a) to (f) of subrule (10).
(12) The clerk of the court shall, as soon as possible and in any event not later than six days
after the noting of the appeal in terms of subrule (2), transmit to the Prosecutor-General a
copy of the record prepared in terms of subrules (9) and (10).

190
 (13) The Prosecutor-General may, within two days of the receipt of the record in terms of
subrule (12), request the clerk of the court to include in the record prepared under the
provisions of subrule (9) any part of the proceedings in addition to those included in the
record.
(14) The clerk of the court shall as soon as possible and, in any event not, later than twenty-
eight days after the noting of the appeal in terms of subrule (2), file with the registrar a copy
of the original record which shall be certified as true and correct and shall forward a copy to
the appellant or his or her legal representative:

Provided that if the appellant or his or her representative does not inspect
the record within five days after being invited to do so, the Clerk of Court
shall nonetheless forward the record to the Registrar of the High Court with
a note that the appellant did not inspect the record despite invitation to do
so.
Setting down of appeal and heads of argument
(15) The registrar shall send notification to the appellant’s legal practitioner as soon as he or she
has received a copy of the record referred to in subrule (14), and shall call upon the legal
practitioner to file heads of argument within fifteen days after the date of such notification.

(16) Within fifteen days after being called upon to file heads of argument in terms of subrule (15),
or within such longer period as a judge may, for good cause, allow the appellant’s legal
practitioner shall file with the registrar a document setting out the main heads of his or her
argument together with a list of authorities to be cited in support of each head, and
immediately thereafter shall transmit a copy to the Prosecutor-General.

(17) Within fifteen days after receiving the appellant’s heads of argument, the Prosecutor- General
shall file with the registrar a document setting out the main heads of his or her argument
together with a list of authorities to be cited in support of each head, and immediately
thereafter shall transmitt a copy to the appellant’s legal practitioner:
Provided that, where the appeal is set down for hearing less than twenty days after the
Prosecutor-General receives the appellant’s heads of argument, the Prosecutor-General shall
file his or her heads of argument as soon as possible and in any event not later than three days
before the hearing of the appeal.
(18) Upon receiving the appellant’s heads of argument in terms of subrule (17), the registrar shall
set the appeal down for hearing:
Provided that, unless the persons concerned agree otherwise, at least four weeks’ notice shall
be given to the appellant and the Prosecutor-General.
Appeal against sentence by convicted person in person

103. (1) The provisions of this rule shall apply in respect of an appeal by a person convicted
and sentenced by a court who intends to appeal in person and who appeals against sentence
only (hereinafter in this rule called “the appellant”).

191
 Noting of appeal
(2) The appellant shall, within five days of the passing of sentence, note his or her appeal by
filing with the clerk of the court a notice—
(a) setting out clearly and specifically the grounds of appeal and giving for the
purpose of service the address of the convicted person; and
(b) stating that the appellant intends to prosecute the appeal in person.

Response by magistrate to notice of appeal

(3) The magistrate may, within four days of the noting of an appeal in terms of subrule (2),
deliver to the clerk of the court a statement containing any comments which he or she may
wish to make on the ground of appeal.
(4) The clerk of the court shall, as soon as he or she receives any statement referred to in
subrule
(3) and in any event not later than five days after the noting of the appeal in terms of subrule
(2), send to the registrar the record of the proceedings of the case together with any statement
referred to in subrule (3):
Provided that, where any evidence in the case has been taken down in shorthand or recorded by
mechanical means, it shall be sufficient compliance with the provisions of this subrule if the
clerk of the court forwards to the registrar copies of the manuscript notes of such evidence
made by the magistrate.

Consideration of application for certificate by Judge of the High Court

(5) The registrar shall, on receipt of the documents referred to in subrule (4), lay them
immediately before a judge of the High Court.
(6) If the judge of the High Court grants a certificate in terms of section 36(1) of the High
Court Act [Chapter 7:06]—
(a) the registrar shall notify the clerk of the court immediately and transmit to him or
her documents relating to the matter; and
(b) the clerk of the court shall notify the appellant of the granting of such certificate.

(7) If the judge of the High Court refuses to grant a certificate in terms of section 36(1) of the
High Court Act [Chapter 7:06], the registrar shall notify the appellant and the clerk of the
court accordingly.

Response of magistrate to granting of certificate

(8) The magistrate shall, within five days of notification in terms of subrule (6)(a), so far as
may be necessary having regard to any judgment or statement filed of record, file with the
clerk of the court a statement in writing setting forth the facts which he or she found to be
proved and his or her reasons for judgment and sentence and dealing with the grounds of
192
 appeal:
Provided that, if the magistrate is not available to comply with this requirement, such statement
shall not, unless a judge of the High Court otherwise directs, be required and its absence shall
not delay the preparation of the record.
(9) The clerk of the court shall immediately forward to the address given in terms of subrule
(2)(a) a copy of the statement, if any, filed in terms of subrule (8), and such statement shall
become part of the record.

Preparation of record
(10) Subject to the provisions of subrule (11), the clerk of the court shall, on receiving notice
in terms of subrule (6)(a) give instructions for the preparation of the record.
(11) The record prepared under the provisions of subrule (10) shall only consist of electronic
copies of —

(a) the notice of appeal; and

(b) any comments by the judge of appeal who granted the certificate in terms of section
36(1) of the High Court Act [Chapter 7:06]; and
(c) any statement delivered to the clerk of the court in terms of subrule (8); and
(d) the judgment of the magistrate and his or her reasons for sentence; and
(e) the record of the proceedings; and
(f) any statement of agreed facts placed before the magistrate; and
(g) any record of previous convictions proved at the trial; and
(h) any other part of the proceedings which the judge of appeal who granted the
certificate in terms of section 36(1) of the High Court Act [Chapter 7:06] has directed
should be included in the record.
(12) The clerk of the court shall, as soon as possible and in any event not later than ten days
after receiving notice in terms of subrule (6)(b), file with the registrar a copy of the original
record, which shall be certified as true and correct and a copy of the record shall be made
available by the clerk of the court without charge to the appellant.

Setting down of appeal

(13) The registrar shall, upon receiving the record and copies thereof referred to in subrule
(12), set the appeal down for hearing:
Provided that, unless the persons concerned agree otherwise, at least four weeks notice shall be
given to the appellant and the Prosecutor-General.
Procedure where certificate to prosecute appeal in person is refused

Effect of refusal of certificate

193
 104.(1) If the certificate referred to in rule 101(7) or rule 103(7), is refused by a judge of the
High Court, the appeal shall lapse for want of prosecution unless the appellant within ten
days of notification of such refusal in terms of rule 101(7) or rule 103(7), as the case may be
—
a. deposits with the clerk of the court the cost, as estimated by such clerk, of a
certified copy of the record in the case concerned; and
b. give a written assurance to the clerk of the court that he or she will make
arrangements for his or her legal representation at the hearing of the appeal.
(2) If the appellant complies with the provisions of subrule (1), the clerk of the court shall
immediately notify the registrar accordingly, and the provisions of—
(a) in the case of an appeal against conviction or conviction and sentence, rule 101; or
(b) in the case of an appeal against sentence only, rule 103; shall thereafter, with the
necessary changes, apply as though the provisions of rule 101(2) and (3) or rule
103(2) and (3), as the case may be, had been complied with:
Provided that, unless within five days of the record being lodged with the registrar,, the
appellant satisfies the registrar that he or she has made final arrangements for his or her legal
representation at the hearing of the appeal, the appeal shall lapse.
Procedure where represented appellant applies for certificate to prosecute appeal in person
105. (1) Where an appellant has noted an appeal in accordance with rule 101 or rule 103 he
or she may on notice to the prosecutor general—
a. before the date on which the appeal has been set down for hearing; or
b. with the consent of a judge of the High Court on the day on which the appeal has
been set down for hearing;
apply to the registrar for a certificate in terms of section 36(1) of the High Court Act [Chapter
7:06].
(2) If an application in terms of subrule (1) is granted, the judge of the High Court who grants
the application shall give such directions as he or she may think fit with regards to the future
conduct of the appeal.
Lapsing of right of appeal and application to appeal out of time
106. (1) If a convicted person fails to note an appeal in terms of these rules within the
specified time limits, his or her right to appeal against conviction and sentence shall
lapse.

Application to appeal out of time

(2) Where the right of a convicted person to appeal against conviction and sentence has
lapsed in terms of subrule (1), he or she may apply to a judge of the High Court for leave to
note an appeal out of time by lodging an application, together with the documents referred to
in subrule (3), with the registrar, and giving for the purpose of service the address of the
applicant or his or her legal representative.
194
 (3) An application in terms of subrule (2) shall be accompanied by—

(a) a draft notice of appeal complying with the appropriate provisions of these rules;
(b) an adequate statement explaining why the appeal was not noted within the time
specified by these rules; and

(c) a complete record of proceedings from the court a quo.

(4) The registrar shall, as soon as possible, transmit all the papers relating to the application
to the Prosecutor-General, who shall, within four days of receiving such notice, advise the
registrar whether or not he or she wishes to oppose the application.
(5) Where the Prosecutor-General wishes to oppose an application he or she shall, within five
days of receiving notice in terms of subrule (4), lodge with the registrar and serve on the
applicant at the address supplied in terms of subrule (2) his or her written arguments in
opposition, and may, at the same time, submit a request that the matter be set down for oral
argument.
(6) The applicant may, within five days of receipt of written argument served on him or her in
terms of subrule (5), lodge with the registrar and serve on the Prosecutor-General written
arguments in reply, and may, at the same time, submit a request that the matter be set down
for oral argument.
(7) The registrar shall, as soon as possible, lay all the papers relating to the application before
a judge of the High Court, who may grant or refuse the application or order that the matter be
set down for oral argument.
(8) If the judge orders in terms of subrule (7) that the application be set down for oral
argument, the registrar shall notify the applicant and the Prosecutor-General of the date of
hearing, and, after hearing the Prosecutor-General and the applicant, if he or she appears, or if
he or she does not appear, on consideration of any written argument from the applicant, the
judge may grant or refuse the application.
(9) If an application is granted, the judge of the High Court who grants the application shall
give directions as he or she may think fit with regard to the future conduct of the appeal.

Abandonment of matters
106A Where for any reason:—
(a) proof of service is not filed by the applicant or appellant with the
Registrar in the manner and time prescribed;
(b)the Registrar does not receive heads of argument from an applicant
or appellant who is represented by a legal practitioner or
representative within the prescribed period;
the matter shall be regarded as abandoned and the Registrar shall inform
the parties accordingly:
195
Provided that the matter may be reinstated by a Judge in chambers on good
cause shown upon application made within twenty-one days of the
abandonment.
Deemed abandonment of matters
106B Where a matter is deemed abandoned and dismissed in terms of these
rules the registrar shall inform the parties accordingly.
Provided the matter may be reinstated as provided above.
Constitutional applications
107. (1) A party who intends to raise a constitutional issue before the court shall do so by
court application filed with the registrar which shall be —
a. be supported by an affidavit deposed to by a person who can swear positively to
the facts, which details the facts and the basis on which the applicant seeks relief
together with any supporting documents which are relevant; and
b. state an address at which the applicant shall accept service of all process and
documents in the proceedings; and
c. be addressed to the registrar and served on all the respondents; and
d. request the respondent to file and serve his or her notice of opposition within ten
days of being served with the application; and
e. be signed by the party making it or his or her legal practitioner; and
f. where leave is required and has been obtained, state the date when such leave was
granted.
(2) The respondent shall, within the time stipulated in the application, file with the registrar
and serve on the other parties a notice of opposition in Form No. 24.
(3) The notice of opposition shall be supported by affidavit deposed by a person who can
swear positively to the facts, which details the facts and the basis on which the respondent
opposes the application, together with any supporting documents which are relevant.
(4) The notice shall provide an address for service which is within twenty-five kilometers of
the office of the registrar.
(5) The respondent who fails to file a notice of opposition in terms of subrules (2), (3) and (4)
shall be barred and the registrar shall require the applicant to file heads of argument and
proceed to set the matter down for hearing.
(6) The court may require the applicant to address it on the merits notwithstanding that the
respondent has been barred.
(7) The applicant may file with the registrar an answering affidavit together with any
supporting documents, within ten days of service upon him or her of the notice of
196
 opposition, after which no further affidavits may be filed without the leave of the court or a
judge.
(8) Where the respondent has been barred in terms of subrule (5), the applicant may, without
notice to the respondent, request the registrar, in writing, to set the matter down for hearing.
(9) Where the respondent has filed a notice of opposition and an opposing affidavit and the
applicant has filed an answering affidavit, the applicant may request the registrar, in writing,
to set the matter down for hearing.
(10) Where the respondent has filed a notice of opposition and an opposing affidavit and,
within ten days thereafter the applicant has not filed an answering affidavit, the respondent,
on notice to the applicant, may either—
(a) request the registrar, in writing, to set the matter down for hearing; or
(b) make a chamber application to dismiss the matter for want of prosecution.

(11) Where the respondent has neither requested that the application be set down nor applied
for the matter to be dismissed for want of prosecution, the registrar shall set the matter down
for hearing and notify the parties accordingly.
Referral to the Constitutional Court
108. (1) Where the court or a judge wishes to refer a matter to the Constitutional Court on
its own initiative in terms of section 175(4) of the Constitution, it or he or she shall—
a. request the parties to make submissions on the constitutional issue or question to
be referred for determination; and
b. state the specific constitutional issue or question it or he or she considers should
be resolved by the Constitutional Court.
(2) Where the court or a judge is requested ,by a party to the proceedings, on notice to the
other parties to refer the matter to the Constitutional Court and it or he or she is satisfied that
the request is not frivolous or vexatious, it or he or she shall refer the matter to the
Constitutional Court.
(3) A referral under subrule (1) or (2) shall be in Form CCZ4 and be accompanied by a copy
of the record of proceedings and of affidavits or statements from the parties setting out the
arguments they seek to make before the Constitutional Court.
(4) Where there are factual issues involved, the court or judge seized with the matter shall
hear evidence from the parties and determine the factual issues:
Provided that where there are no disputes of fact, the parties shall prepare a statement of agreed
facts.
(5) The record of proceedings referred to in subrule (3) shall contain the evidence led by both
sides and where applicable, specific findings of fact by the court or judge and the issue or
question for determination by the Constitutional Court.

197
 (6) A statement of agreed facts in terms of the proviso to subrule (4) shall be incorporated in
the record in place of the evidence and the specific findings of fact.
(7) The court or judge shall direct the registrar to prepare and transmit the record so prepared
to the Constitutional Court within fourteen days of the date of such direction:
Provided that, before transmission, the registrar shall ensure and certify that the record is
correct and accurate and, in the case of a referral in terms of subrule (2), that it contains an
appropriate draft order.
(8) Where the court or a judge declares any law constitutionally invalid, the registrar shall
comply with the provisions of rule 31(1) of the Constitutional Court Rules, 2016, published
in Statutory Instrument 61 of 2016.
(9) Any party who wishes to appeal against the decision of the court or judge on a
constitutional matter shall comply with the procedure laid out in Part V of the Constitutional
Court Rules, 2016, published in Statutory Instrument 61 of 2016.
Deadline for full migration to paperless proceedings
109. (1) Twelve months after the coming into operation of the electronic filing system, the
Court shall become a fully paperless Court, save in exceptional circumstances authorised by a
Judge or the Court.
(2)Pending any amendment of these rules that may be required to give effect to subrule (1),
the Chief Justice, after consultation with the Judge President, may issue to the Court any
written directions necessary or expedient to give effect to that subrule, which directions shall
be binding and have effect notwithstanding anything contained in these rules for a period of
twelve months unless the direction concerned is earlier embodied in an amendment of these
rules.
Repeals and savings
110. The rules specified in the Second Schedule are repealed:

Provided that anything validly commenced or done in terms of any provision of the repealed
rules prior to the coming into force of these rules shall be deemed to have been validly
commenced or done, as the case may be, in accordance with the equivalent provision of these
rules.

FIRST SCHEDULE FORMS

Form No. 1
Summons
Rule 12(6)

198
Case No. ...........
IN THE HIGH COURT OF ZIMBABWE
In the matter between:
............................................................................................................., Plaintiff
and
.........................................................................................................., Defendant
of:
............................................................................................................................
............................................................................................................................
(Physical address of defendant’s residential and/or place of business) SUMMONS
To the defendant named above:
The Plaintiff’s claim is for:
[Give a concise statement of the nature, extent and grounds of the plaintiff ’s cause of action
and of the relief or remedies he or she seeks. If he or she sues in a representative capacity, or
if the defendant is sued in a representative capacity, the capacity should be stated.]

If you wish to oppose any of the plaintiff’s claims, you must–

(a) enter an appearance to defend by making an appropriate entry in the appearance
book kept in the office of the Registrar of the High Court of Zimbabwe
at............................
(specify Harare or Bulawayo) within ten days after service of this summons (Saturdays,
Sundays and public holidays are not counted as part of this ten-day period, nor is the day on
which this summons was served); and
(b) notify the plaintiff or his/her legal practitioner, in writing, at the address given below, of

199
our entry of appearance to defend. You must give the plaintiff or the legal practitioner an
address for service within five kilometres of the court specified above, together with a postal
address.
If you do not enter appearance to defend, the plaintiff’s claims will be heard and dealt with by
the High Court without further notice to you.
The Sheriff is hereby required to serve a copy of this summons on the defendant named above
and, immediately after doing so, to return a further copy of the summons, with a return of
service in Form No. 4 duly completed, to the Registrar who issued it.

Dated at ............................this...............day of ...................................................

Registrar, High Court of Zimbabwe

The plaintiff’s address for service is:

............................................................................................................................
............................................................................................................................
............................................................................................................................
(Physical address of plaintiff ’s residence and/or place of business, or the address of his legal
practitioner)

Form No. 2
Summons (provisional sentence on mortgage bond)
Rule 14(2)

Case No. ...........

IN THE HIGH COURT OF ZIMBABWE

In the matter between:
.........................................................................................................., Plaintiff
(Full name)
and
.........................................................................................................., Defendant

200
of:
............................................................................................................................
............................................................................................................................
(Physical address of defendant’s residential and/or place of business) SUMMONS
To the defendant named above:

The plaintiffs claim is for provisional sentence in an amount of............................(state capital

amount) together with interest on that amount at the rate of............. per centum per annum
from. (state when the interest started to run) to the date of payment.

The plaintiff’s claim is based on a mortgage bond which was executed on the...................(date)
by (full name of mortgagor) in favour of ................. (full name of mortgagee) over the
following property: (describe the properly mortgaged). The full capital amount payable
under the bond is (state amount) and interest is payable on that amount at the rate of. per
centum per annum. The bond was registered in the Deeds Registry at. (specify Harare
or Bulawayo) on the (date).

A copy of the mortgage bond is attached to this summons.

The amount claimed by the plaintiff has become due and payable because:
[State why the amount has become due and payable: If it is because of notice given, state the
date on which and the manner in which the notice was given; if It is because interest was not
paid, state the particulars of the unpaid interest.]

You are called on to satisfy the plaintiff’s claim immediately, by paying the amount claimed to
the Sheriff or to the plaintiff. If you do not do so, you must appear, either in person or
represented by a legal practitioner, in the High Court of Zimbabwe at. (specify Harare or
Bulawayo) at nine o’clock in the morning on the…….. (date) to answer the claim. Before that
date you may file a notice of opposition, together with one or more supporting affidavits, with
the Registrar of the High Court at………. (specify Harare or Bulawayo).

If you do not take the action described in the previous paragraph, provisional sentence may
be given against you.

201
The Sheriff is hereby required to serve a copy of this summons on the defendant named above
and, immediately after doing so, to return a further copy of the summons, with a return of
service in Form No. 4 duly completed to the Registrar who issued it.

Dated at ............................this...............day of ...................................................

Registrar, High Court of Zimbabwe

The plaintiff’s address for service is:

............................................................................................................................
............................................................................................................................
............................................................................................................................
(Physical address of plaintiff ’s residence and/or place of business, or the address of his legal
practitioner)

Form No. 3
Summons (provisional sentence on liquid documents)
Rule 14(2)

Case No. ...........

IN THE HIGH COURT OF ZIMBABWE
In the matter between:
.........................................................................................................., Plaintiff
(Full name)
and
.........................................................................................................., Defendant
of:
............................................................................................................................
............................................................................................................................
(Physical address of defendant’s residential and/or place of business)

202
SUMMONS
To the defendant named above:

The plaintiff’s claim is for provisional sentence in an amount of..........................(state capital

amount) together with interest on that amount at the rate of....................per centum per annum
from (state when the interest started to run) to the date of payment. The plaintiff’s claim is
based on a………..(state nature of liquid document) executed by………(state name of person
who executed the document) and dated the…………(date of document). In terms of the
document an amount of (state amount), together with interest at the rate of per centum per
annum is payable to (name of payee; if the holder or bearer of the document, state “holder or
bearer”).
A copy of the document is attached to this summons.

The amount claimed by the plaintiff has become due and payable to him because:
[State why the amount has become due and payable. If the document was unpaid when
presented for payment, state this fact and the date of presentment; if the plaintiff acquired the
right to payment through being the holder or bearer of the document, or through cession, this
should be stated.]

You are called on to satisfy the plaintiff’s claim immediately, by paying the amount claimed to
the Sheriff or to the plaintiff. If you do not do so, you must appear, either in person or
represented by a legal practitioner, in the High Court of Zimbabwe at………..(specify Harare
or Bulawayo) at nine o’clock in the morning on the…………. (date) to answer the claim.
Before that date you may file a notice of opposition, together with one or more supporting
affidavits, with the Registrar of the High Court at…………….. (specify Harare or Bulawayo).

If you do not take the action described in the previous paragraph, provisional sentence may be
given against you.

The Sheriff is hereby required to serve a copy of this summons on the defendant named above
and, immediately after doing so, to return a further copy of the summons, with a return of
service in Form No. 4 duly completed, to the Registrar who issued it.

Dated at ............................this...............day of ...................................................

Registrar, High Court of Zimbabwe

203
The plaintiff’s address for service is:
............................................................................................................................
............................................................................................................................
............................................................................................................................
(Physical address of plaintiff ’s residence and/or place of business, or the address of his legal
practitioner)

204
Form No. 4
Return of Service
Rule 15(22)(a)

SHERIFF

For....................................... Book number Advice No

..
Issuing court Case number

Date action taken

Plaintiff/ Applicant Defendant/ Respondent
Summons Summons Warrant of Warrant of arrest Other Charges
C.I. Execution
$ c

Address for service of execution or km at

attempt
km at

Served personally on- A. the person to be served

principal
B. authorised agent (named and described
below)
Served by affixing to A. place of residence/business
outer door after
B. domicilium citandi
unsuccessful diligent
search
A. at defendant’s residence

Served on a responsible B. at defendant’s place of

person who gave his or her business/employment
name as:
C. defendant’s domicilium citandi
.......................
and his or her position as:
Served at local registered office corporation/company
Attempt: Service/Execution (see remarks)

Execution withdrawn/stopped/deemed suspended

205
Warrant for delivery/ ejectment executed

Warrant of arrest executed A. paid in full

B. debtor lodged in prison

Warrant of attachment enforced. Debtor present/absent.

Goods attached/inventories.
Not removed/removed for sale
Warrant of attachment executed-paid in full.
Warrant of attachment-debtor seen; no property pointed out or
seen; nulla bona.
Remarks: Cartage.
Advertising.
Locksmith
Notice
Inventories
Commission.

Escort

PLAINTIFF/LEGAL SHERIFF Postage

PRACTITIONER
You may require these Other (Specify)
charges to be taxed before
payment

Certified a true and

correct return

TOTAL $

206
Form No. 5
Certificate of service by a legal practitioner
Rule 15(22)(b)

Case No. ...........

IN THE HIGH COURT OF ZIMBABWE

In the matter between:
.........................................................................................................., Plaintiff
and
.........................................................................................................., Defendant

I, the Legal Practitioner of record for the.........................................hereby certify that at

(here state the precise place where service was effected) on the ....................... day of
.......................................... 20...........at o’clock in the forenoon/afternoon, I served the following
documents(s), namely:
..............................................................................................................................
by .........................................................................................................................
..............................................................................................................................
(here describe the method of service).

Dated at ............................this......... day of ............................................. 20.......

207
Form No.6
Certificate of service by a person in the employ of a legal practitioner
Rule 15(22)(b)

Case No. ...........

IN THE HIGH COURT OF ZIMBABWE
In the matter between:
.........................................................................................................., Plaintiff
and
.........................................................................................................., Defendant

I, ........................................., A person in the employ of the Legal Practitioner of record for

the plaintiff/defendant, hereby certify that at (here state the precise place where service was
effected).............. ........................................ on the................... day of
..................................20...... ato’clock in the forenoon/afternoon, I served the following
documents(s), namely: ...................................upon ............................................
................................................................. by .......................................................
...................................................................... (state method of service).

Dated at ................................ this ............... day of ................................., 20.....

I, , the Legal Practitioner of record for the plaintiff/ defendant hereby certify that I have
satisfied myself by personal inquiry of........................................................., who is a
responsible
person in my employ, that the service has been effected.

..............................................
Signature

Form No. 7
Notice of entry of appearance to defend
Rule 20(6)

Case No. ...........

208
IN THE HIGH COURT OF ZIMBABWE
In the matter between:
.........................................................................................................., Plaintiff
and
.........................................................................................................., Defendant

Take notice that at .............................. a.m./p.m. on the day of ......................... 20 ,

the defendant entered appearance to defend this action.

The defendant’s address for service is:

..............................................................................................................................
..............................................................................................................................

The defendant’s postal address is:

..............................................................................................................................

Legal Practitioner for Defendant Defendant

To: .......................................................................................................................
of .........................................................................................................................
(Plaintiff or plaintiff’s Legal Practitioner)

Form No. 8
Notice of intention to bar
Rule 39(2)

Case No. ...........

IN THE HIGH COURT OF ZIMBABWE

In the matter between:

209
.........................................................................................................., Plaintiff
and
.........................................................................................................., Defendant

TAKE notice that the plaintiff/defendant is hereby required to file his declaration/ plea/request
for further particulars within five days excluding Saturdays, Sundays and public holidays, and
in default it is the defendant’s/plaintiff’s intention to file a copy of this notice with the Registrar
as a bar.
Defendant’s/Plaintiff’s legal practitioner
[Endorsement:]

To: the Registrar of the High Court

at ..........................................................................................................................
The time limited by this notice having expired, we hereby bar the plaintiff/ defendant in terms
thereof.
Dated at ................................ this ............... day of ................................., 20.....
[Note: When a copy of this form is filed with the Registrar in terms of Rule 81, it should be
accompanied by proof of service in the form of an endorsement or return of service (if it was
served by the Sheriff) or a certificate of service in Form No. 6 or 7, as the case may be.

Form No. 9
Consent to removal of bar
Rule 39(3)

Case No. ...........

IN THE HIGH COURT OF ZIMBABWE

In the matter between:

.........................................................................................................., Plaintiff
and

210
.........................................................................................................., Defendant
Take notice that the plaintiff/defendant hereby consents to the removal of the bar filed on
the.............. day of.................................................., 20, in the above-named case.

Dated at ................................ this ............... day of ................................., 20.....

....................................................................
Plaintiff’s/Defendant’s Legal Practitioner
To the Registrar of the High Court

Form No.10
Confession of defence
Rule 41(18)

Case No. ...........

IN THE HIGH COURT OF ZIMBABWE
In the matter between:
.........................................................................................................., Plaintiff
and
.........................................................................................................., Defendant
Take notice that the plaintiff confesses the defence stated in paragraph of the defendant’s plea
(or of the defendant’s further particulars).
Dated at ................................ this ............... day of ................................., 20.....
....................................................................
Plaintiff’s Legal Practitioner To
the Registrar the High Court To
(Defendant’s Legal Practitioner)

211
Form No. 11
Rule 42(2)

(a) Plaintiff’s/Defendant’s exception

Case No. ...........

IN THE HIGH COURT OF ZIMBABWE
In the matter between:
.........................................................................................................., Plaintiff
and
.........................................................................................................., Defendant
PLAINTIFF’S/DEFENDANT’S EXCEPTION
The plaintiff/defendant hereby excepts to the defendant’s plea/plaintiff’s declaration as
(Here insert the full grounds of the exception)

WHEREFORE the plaintiff/defendant prays for judgment in his favour, with costs of suit

Dated at ................................ this ............... day of ................................., 20.....

....................................................................
Plaintiff’s/Defendant’s Counsel
....................................................................
Plaintiff’s/Defendant’s Legal Practitioners
Address
To the Registrar the High Court
And to:

(b) Defendant’s plea in bar/abatement

Case No. ...........

IN THE HIGH COURT OF ZIMBABWE

212
In the matter between:
............................................................................................................., Plaintiff
and
.........................................................................................................., Defendant

DEFENDANT’S PLEA IN BAR/ABATEMENT

The defendant pleads in bar/abatement that

(Here insert the full grounds of the plea in bar/abatement)

WHEREFORE the defendant prays that the plaintiff’s claim may be dismissed, with costs. Dated
at ................................ this ............... day of ................................., 20.....
....................................................................
Plaintiff’s/Defendant’s Counsel
Plaintiff’s/Defendant’s Legal Practitioner
Address
To the Registrar the High Court
And to:

(c) Plaintiff’s/Defendant’s application to strike out

IN THE HIGH COURT OF ZIMBABWE
In the matter between:
............................................................................................................Plaintiff
and
............................................................................................................Defendant
PLAINTIFF’S/DEFENDANT’S APPLICATION TO STRIKE OUT
The plaintiff/defendant hereby applies to strike out paragraphs of the defendant’s
plea/plaintiff’s declaration (replication) as being (here full reasons for the application should
be inserted)

213
Dated at ................................ this ............... day of ................................., 20.....

....................................................................
Plaintiff’s/defendant’s Legal Practitioner
Address
To the Registrar the High Court
And to:

Form No.12
Request for particulars for purposes of trial
Rule 42(12)

Case No. ...........

IN THE HIGH COURT OF ZIMBABWE
In the matter between:

............................................................................................................., Plaintiff
and
.........................................................................................................., Defendant
PLAINTIFF’S/DEFENDANT’S REQUEST FOR FURTHER PARTICULARS FOR
PURPOSES OF TRIAL

To enable him or her to prepare for trial, the plaintiff/defendant hereby applies for the
following further particulars of the defendant’s plea/plaintiff’s declaration (replication):

Ad paragraph ...........................
(Hereafter set out all requests)

214
Dated at ................................ this ............... day of ................................., 20.....
..................................................................
Plaintiff’s/defendant’s Legal Practitioner
Address
To the Registrar the High Court
And to:

Form No. 13
Affidavit as to documents
Rule 47(2)

Case No. ...........

IN THE HIGH COURT OF ZIMBABWE
In the matter between:
............................................................................................................., Plaintiff
and
.........................................................................................................., Defendant
I, , the above-named plaintiff/defendant, hereby make oath and say:
1. I have in my possession or power the documents relating to the matters in question in this
suit set forth in the first and second parts of the First Schedule hereto.
2. I object to produce the said documents set forth in the second part of the said First
Schedule hereto. (State grounds of objection).
3. I have had, but have not now, in my possession or power the documents relating to the
matters in question in this suit set forth in the Second Schedule hereto.
4. The last-mentioned documents were last in my possession or power on (state when, and
what has become of them, and in whose possession they now are):
5. According to the best of my knowledge, information and belief, I have not now and never
had in my possession, custody or power, or in the possession, custody or power of my
legal practitioners or agents, or in the possession, custody or power of any other persons
or person on my behalf, any deed, account, book of account, voucher, receipt, letter,
memorandum, paper or writing, or any copy of or extract from any such document, or any
other document whatsoever, relating to the matters in question in this suit, or any of them,
or wherein any entry has been made relative to such matters, or any of them,

215
other than and except the documents set forth in the said First and Second Schedules hereto.

SWORN before me, at.........................this ......... day of .......................... 20.....

..................................................................
Justice of the Peace/Commissioner of Oaths

Form No.14
Notice to produce documents
Rule 47(5)

Case No. ..........

IN THE HIGH COURT OF ZIMBABWE
In the matter between:

............................................................................................................., Plaintiff
and
.........................................................................................................., Defendant
Take notice that the plaintiff/defendant requires you to make available for inspection the
following documents disclosed in terms of rules 161 and 162, namely:

Further take notice that you are required to deliver within five days excluding Saturdays,
Sundays and public holidays, a notice in accordance with Form No. 20 stating a time, within
three days from the delivery of such notice, when and where such documents may be
inspected.

Dated at ................................ this ............... day of ................................., 20.....

..................................................................

Plaintiff’s/defendant’s Legal Practitioner

216
Form No. 15
Notice to inspect documents
Rule 47(6)

Case No. ...........

IN THE HIGH COURT OF ZIMBABWE
In the matter between:

............................................................................................................., Plaintiff
and
.........................................................................................................., Defendant
Take notice that you may inspect the documents mentioned in your notice of the.............day of
................................ 20. (except those hereunder specified) at .................... during the period
from .............. to (specify a period of at least five days, excluding Saturdays, Sundays and
public holidays)

I object to produce the following documents for the reasons stated, namely:

Dated at ................................ this ............... day of ................................., 20.....

..................................................................
Plaintiff’s/defendant’s Legal Practitioner
To:

Form No. 16
Notice to produce original documents to court
Rule 47(12)

Case No. ...........

IN THE HIGH COURT OF ZIMBABWE
In the matter between:
............................................................................................................., Plaintiff
and
217
.........................................................................................................., Defendant
Take notice that you are hereby required to produce and show to the Court on the trial of this
action the original of the following document in your possession, namely:

Dated at ................................ this ............... day of ................................., 20.....

..................................................................
Plaintiff’s/defendant’s Legal Practitioner
To:

Form No. 17
Notice to produce
Rule 47(17)

Case No. ...........

IN THE HIGH COURT OF ZIMBABWE
In the matter between:
............................................................................................................., Plaintiff
and
.........................................................................................................., Defendant
NOTICE TO PRODUCE IN TERMS OF RULE ..................

Take notice that the plaintiff/defendant hereby requires you, within six days of the date hereof,
to produce for his or her inspection and to permit him or her to take a copy/copies of the
following document/documents referred in your pleadings/affidavits:
(Here list the documents of which production is required)

Dated at ................................ this ............... day of ................................., 20.....

..................................................................
Plaintiff’s/defendant’s Legal Practitioner
To the Registrar of the High Court
And to:

218
Form No.17
Notice to admit facts
Rule 50(3)

Case No. ...........

IN THE HIGH COURT OF ZIMBABWE
In the matter between:
............................................................................................................., Plaintiff
and
.........................................................................................................., Defendant
Take notice that the plaintiff/defendant in this cause required the defendant/ plaintiff,to admit
for the purposes of this cause only, the several facts respectively hereunder specified; and the
defendant/plaintiff is hereby required, within ten days excluding Saturdays, Sundays and public
holidays, from the service of this notice, to admit the said several facts, saving all just
exceptions to the admissibility of such facts as evidence in this cause.

Dated at ................................ this ............... day of ................................., 20.....

..................................................................
Plaintiff’s/defendant’s Legal Practitioner
To:
The facts, the admission of which is required, are—
1.
2.
3.
4.

Form No.19
Admission of facts, pursuant to notice
Rule 50(3)

219
Case No. ...........
IN THE HIGH COURT OF ZIMBABWE
In the matter between:
............................................................................................................., Plaintiff
and
.........................................................................................................., Defendant
Take notice that the defendant/plaintiff in this cause, for the purpose of this cause only, hereby
admits the several facts respectively hereunder specified, subject to the qualifications or
limitations, if any, hereunder specified, saving all just exceptions to the admissibility of any
such facts, or any of them, as evidence in this cause:

Provided that this admission is made for the purpose of this action only, and is not an
admission to be used against the defendant/plaintiff on any other occasion, or by anyone other
than the plaintiff/defendant or party requiring the admission.

Dated at ................................ this ............... day of ................................., 20.....

..................................................................
Plaintiff’s/defendant’s Legal Practitioner

Forn No.20
Notice to admit documents
Rule 50(7)

Case No. ...........

IN THE HIGH COURT OF ZIMBABWE
In the matter between:

............................................................................................................., Plaintiff
and
.........................................................................................................., Defendant
TAKE NOTICE that the plaintiff/defendant in this cause proposes to adduce in evidence the
several documents hereunder specified and the same may be inspected by the

220
defendant/plaintiff, his or her legal practitioner or agent at................................during the
period
from..........................to (specify a period of at least five days, excluding Saturdays, Sundays and
public holidays) from the date of service of this notice, between the hours of……….. ; and the
defendant/plaintiff is hereby required within ten days, (excluding Saturdays, Sundays and
public holidays) from the last-mentioned date, to admit that such of the said documents as are
specified to be originals were respectively written, signed or executed. as they purpose
respectively to have been; that such as are specified as copies are true copies; and such
documents as are stated to have been served, sent or delivered, were so served, sent or
delivered respectively; saving all just exceptions to the admissibility of all such documents as
evidence in this cause.

Dated at ................................ this ............... day of ................................., 20.....

..................................................................
Plaintiff’s/defendant’s Legal Practitioner

To:
DESCRIPTION OF DOCUMENTS

Form No. 21
Interrogatories
Rule 51(2)

Case No. ...........

IN THE HIGH COURT OF ZIMBABWE
In the matter between:

............................................................................................................., Plaintiff
and
....................................................................................................., 1st Defendant
...................................................................................................., 2nd Defendant
PLAINTIFF’S/DEFENDANTS’ INTERROGATORIES
Interrogatories on behalf of the above-named plaintiff/defendants for the examination of the
above-named 1st and 2nd defendants or Plaintiff.
[Here set out the interrogatories in the form of concise questions, each interrogatory to be set
221
out in a separate paragraph and numbered consecutively. e.g:
1. Did you……………………………………………..?
2. Did you not…………………………………………?
3. (a)Were you…………………………………..…….?
(b) If not, were you not………………………………….?

The 1st defendant is required to answer the interrogatories numbered ..............

The 2nd defendant is required to answer the interrogatories numbered .............

Dated at ................................ this ............... day of ................................., 20.....

.................................................................................................
Plaintiff’s/1st defendant’s/2nd defendant’s Legal Practitioner
To the Registrar of the High Court.
And to:

Form No.22
Application for dates of trial
Rule 54(3)

Case No. ...........

IN THE HIGH COURT OF ZIMBABWE
In the matter between:
............................................................................................................., Plaintiff
and
....................................................................................................., 1st Defendant
...................................................................................................., 2nd Defendant

1. Number of days required for trial .................................................................................

2. The plaintiff’s legal practitioners are ............................................................................
........................................................................................................................................
222
The legal practitioner who will be appearing for the plaintiff is .........................................
..............................................................................................................................................
3. The defendant’s legal practitioners are .................................................................
...............................................................................................................................................
The legal practitioner who will be appearing for the defendant is ..............
..............................................................................................................................................
4. Any matter to which the Registrar’s attention is to be drawn: ......................................
..............................................................................................................................................
It is confirmed that Discovery has been effected by all parties to this action.

ENCLOSURES
Signed copy of Pre-trial Conference Minute.

..................................................................
Plaintiff’s/defendant’s Legal Practitioner

Form No. 23 Court

Application Rule
59(1)

Case No. ...........

IN THE HIGH COURT OF ZIMBABWE
In the matter between:
............................................................................................................, Applicant
and
.........................................................................................................., Respondent
COURT APPLICATION
TAKE notice that the applicant intends to apply to the High Court at ………for an Order in
terms of the Draft Order annexed to this notice and that the accompanying affidavit/s and
documents will be used in support of the application.

223
If you intend to oppose this application you will have to file a Notice of Opposition in Form
No. 24, together with one or more opposing affidavits, with the Registrar of the High Court at
.................................................................within days after the date on which this notice was
served upon you. You will also have to serve a copy of the Notice of Opposition and affidavit/s
on the applicant at the address for service specified below. Your affidavits may have annexed
to the documents verifying the facts set out in the affidavits.

If you do not file an opposing affidavit within the period specified above, this application will
be set down for hearing in the High Court at without further notice to you and will be dealt
with as an unopposed application.

Dated at ..............................................this...... day of...............................20 ......

Applicant/Applicant’s Legal Practitioner Applicant’s address for service

[which must be a physical address within a radius of five kilometres from the registry in
which the notice is to be filed]:

TO: The Registrar

High Court
Harare/Bulawayo

AND TO: Respondent/Respondent’s Legal Practitioners

Form No.24
Notice of Opposition
Rule 59(1)

Case No. ...........

IN THE HIGH COURT OF ZIMBABWE
In the matter between:

............................................................................................................, Applicant

and
.........................................................................................................., Respondent

224
NOTICE OF OPPOSITION
TAKE notice that the Respondent intends to oppose the application on the grounds set out in
the affidavit/s annexed to this notice, and that his or her address for service is specified below.

Dated at ..............................................this...... day of...............................20 ......

.................................................................
Respondent/Respondent’s Legal Practitioner
Respondent’s address for service
[which must be a physical address within a radius of five kilometres from the registry in
which the notice is to be filed]:
TO: The Registrar
High Court
Harare/Bulawayo

AND TO:
Applicant/Applicant’s Legal Practitioner

Form No. 25
Chamber Application/Court Application
Rule 60(1)/59(1)

Case No. ...........

IN THE HIGH COURT OF ZIMBABWE
In the matter between:

............................................................................................................, Applicant

and
.........................................................................................................., Respondent
CHAMBER/COURT APPLICATION
Application is hereby made for an Order in terms of the order/draft order annexed to this
application on the grounds that
(set out in summary the basis of the application)

225
The accompanying affidavit/s and document/s are tendered in support of the application.

Dated at ..............................................this...... day of...............................20 ......

.................................................................
Respondent/Respondent’s Legal Practitioner Respondent’s address for service
[which must be a physical address within a radius 15 kilometers from the registry in which the
notice is to be filed]:

TO: The Registrar High Court Harare/Bulawayo

AND TO:
Applicant/Applicant’s Legal Practitioner

Form No. 26
Provisional order
Rule 60(11)(a)

Case No. ...........

IN THE HIGH COURT OF ZIMBABWE
In the matter between:

............................................................................................................, Applicant

and
.........................................................................................................., Respondent

PROVISIONAL ORDER TO:

TAKE note that, on the Honourable Mr. Justice.......................................sitting at……………
issued a provisional order as shown overleaf. The annexed chamber application, affidavit/s and
documents were used in support of the application for this provisional order.

If you intend to oppose the confirmation of this provisional order, you will have to file a
226
Notice of Opposition in Form No. 29B, together with one or more opposing affidavits, with the
Registrar of the High Court at .............................. within days after the date on which this
notice was served upon you. You will also have to serve a copy of the Notice of Opposition and
affidavit/s on the applicant at the address for service specified below. Your affidavits may have
annexed to the documents verifying the facts set out in the affidavits.

If you do not file an opposing affidavit within the period specified above, this matter will be
set down for hearing in the High Court at.......................................without further notice to
you
and will be dealt with as an unopposed application for confirmation of the provisional order.

If you wish to have the provisional order changed or set aside sooner than the Rules of Court
normally allow and can show good cause for this, you should approach the
applicant/applicant’s legal practitioner to agree, in consultation with the Registrar, on a suitable
hearing date. If this cannot be agreed or there is great urgency, you may make a chamber
application, on notice to the applicant, for directions from a judge as to when the matter can be
argued.

.................................................................
JUDGE/REGISTRAR

Form No. 26A

Provisional Order
Rule 60(11)(b) (reverse)

TERMS OF FINAL ORDER SOUGHT

That you show cause to this Honourable Court why a final order should not be made in the
following terms –
(set out the terms of the relief sought)
INTERIM RELIEF GRANTED
Pending determination of this matter, the Applicant is granted the following relief - (set
out the nature of any interim relief or interdict granted by the Court)
SERVICE OF PROVISIONAL ORDER
(set out any order of the Court regarding service of the provisional order)

227
Form No. 27
Provisional order, for general publication
Rule 60(13)(a)

Case No. ...........

IN THE HIGH COURT OF ZIMBABWE
In the application of:
Applicant
for the sequestration of his or her estate/for the winding up of …...Company
(Private) Limited
PROVISIONAL ORDER
Before.....................................................................
(Name of Judge)

[Insert names of legal practitioners, if any]

IT IS ORDERED THAT:-
1. The estate of is placed under provisional sequestration, pending the grant of an
order referred to in paragraph 3 or the discharge of this order.
or
The respondent company, (Private) Limited, is provisionally wound up, pending the grant of
an order referred to in paragraph 3 or the discharge of this order.
2. Subject to the Insolvency Act [Chapter 6:07], the Master shall appoint a suitable person/
[Name] is appointed as provisional liquidator of the above estate.
or

Subject to the Insolvency Act [Chapter 6:07]. the Master shall appoint a suitable person as
provisional liquidator of the respondent with the powers set out in that Act.

3. Any interested party may appear before this Court sitting at Harare/Bulawayo on the ,
...........................................20 , to show cause why a final order should not be made placing the
above estate under sequestration I placing the respondent company in liquidation and ordering
that the costs of these proceedings shall be costs of sequestration.
4. Pending the return day, this order shall operate as a provisional order of
sequestration/winding up.
228
5. A copy of this order shall be served on ........................................................
6. This order shall be published once in the Government Gazette and once in the newspaper
[insert name and edition. of the newspaper in which publication is to be made].
Publication shall be in the short form annexed to this order.
7. Any person intending to oppose or support the application on the return day of this order
shall—
(a) give due notice to the applicant at [address]; and
(b) serve on the applicant [and on the respondent] a copy of any affidavit
which he/she files with the Registrar of the High Court

.................................................................
JUDGE/ REGISTRAR
Date ..............

Form No. 28
Notice to plead
Rule 68(3)

Case No. ...........

IN THE HIGH COURT OF ZIMBABWE
In the matter between: and

,Plaintiff

, Defendant
NOTICE TO PLEAD

TAKE NOTICE that defendant is hereby required, if he or she wishes to defend, to purge his
or her failure to enter appearance and to plead, answer or except, or make claim in
reconvention, within 12 days of the date of delivery of this notice and that in default thereof
judgment will be prayed against him or her.

Dated at ..............................................this...... day of...............................20 ......

229
.................................................................
Plaintiff’s Legal Practitioner
TO:

Form No. 29
Summons In matrimonial action
Rule 68(1)

Case No. ...........

IN THE HIGH COURT OF ZIMBABWE
In the matter between:
, Plaintiff
and
, Defendant
and Defendant
of:

230
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
(Physical address of defendant’s residence and/or place of business) SUMMONS
To the defendant named above:

The plaintiff named above has instituted proceedings against you claiming an order for the
restitution of conjugal rights/a decree of divorce/a decree of judicial separation/a decree of
nullity of marriage. A statement of the plaintiff’s claim is set out in the declaration, a copy of
which is annexed to this summons.
If you wish to oppose any of the plaintiff’s claims, you must—
(a) enter an appearance to defend by making an appropriate entry in the appearance book kept
in the office of the Registrar of the High Court of Zimbabwe at (specify Harare or
Bulawayo) within ten days after service of this summons (Saturdays, Sundays and public
holidays are not counted as part of this ten- day period, nor is the day on which this
summons was served; and
(b) notify the plaintiff or his/her legal practitioner, in writing, at the address given below, of
your entry of appearance to defend. You must give the plaintiff or the legal practitioner an
address for service within five kilometres of the court specified above, together with a
postal address.
If you do not enter appearance to defend, the plaintiff’s claims will be heard and dealt with by
the High Court without further notice to you.
The Sheriff is hereby required to serve a copy of this summons on the defendant named above
and, immediately after doing so, to return a further copy of this summons, with the return of
service in Form No. 4 duly completed, to the Registrar who issued it.

Dated at ..............................................this...... day of...............................20 ......

........................................................
Registrar, High Court of Zimbabwe
The plaintiffs address for service is:
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
(Physical address of plaintiff ’s residence and/or place of business, or the address of his or
her legal practitioner)

231
Form No. 30
Bond of security by defendant to writ of arrest
Rule 76(8)

Case No. ...........

KNOW ALL MEN BY THESE PRESENTS that we.............................................of

............................................................. and of............................................................... are
held and firmly bound to Sheriff for Zimbabwe (or Sheriff for the district of), in the sum of $
(the sum or value of the thing mentioned in the writ) of lawful money to be paid to the said
Sheriff (or Sheriff) or his or her certain legal practitioners, administrators or assigns; for which
payment we bind ourselves, and each of us for himself or herself, in the whole, our and every
of our heirs, executors and administrators, firmly by these presents.

NOW the condition of this obligation is such that if the above bonded..................do appear by
his or her legal practitioner before the Justices of the High Court of Zimbabwe, at ..................
on the ........................ day of at o’clock in the forenoon, to answer
of.........................................................wherefore (following the statement in the writ of
attachment), and also shall stand to, abide and perform the judgment of the Court thereon, or
render himself or herself to the prison of the said Court, in execution thereof, then this
obligation to be void; otherwise to remain in full force.

Signed with our hands, this ............................... day ............ of.......... 20 at

...........................................................................

SIGNED and delivered, being first duly stamped in the presence of .................
............................................................................

Form No. 31
Endorsement to bond of security
Rule 76(13)

232
I, ……., the within named Sheriff (or Sheriff), at the request of the plaintiff within named,
hereby assign to him or her, the said ........ The within bail-bond, and all the benefit and
advantage arising therefrom.

In witness whereof, I have hereunto set my hand at ................this .................... day of

.....................................................................
.................................................................
Sheriff

Form No.32
Writ of execution
Rule 69(1)

Case No. ...........

IN THE HIGH COURT OF ZIMBABWE
In the matter between:

233
 , Plaintiff
and
, Defendant

To the Sheriff for Zimbabwe:

You are required and directed to attach and take into execution the movable goods of
.......................................................... the above-mentioned defendant, of ......................................
(address) and of the same cause to be realised the sum of $ together with interest thereon at the
rate of ……..per centum per annum from the day of..........................................20…. , and the
sum of ………$ for the taxed costs and charges of the above-mentioned plaintiff, which he / she/
it recovered by judgment of this Court dated……. the day of..........................................., 20….
, in the above-mentioned suit, and also all other costs and charges of the plaintiff in the said suit
to be hereafter duly taxed according to law, besides all your costs thereby incurred.

Further pay to the said plaintiff or his or her legal practitioner the sum or sums due to him with
costs as above-mentioned, and for your so doing this shall be your warrant.

And return you this writ with what you have done thereupon.

Witness: The Honourable Chief Justice of Zimbabwe at ...................................

this .................... day of ............................................ 20 .....

................................................................
Registrar of the High Court.

Plaintiff’s Legal Practitioner (Address)

Form No.33
Writ of execution against movable and immovable property
Rule 69

234
 Case No. ...........
IN THE HIGH COURT OF ZIMBABWE
In the matter between:
, Plaintiff
and
, Defendant

To the Sheriff for Zimbabwe:

You are required and directed to attach and take into execution the movable goods of
.......................................................................the above-mentioned defendant, of
......................................... (address), and of the same cause to be realised the sum of …..$
together with interest thereon at the rate of per centum per annum from the ....day
of........................... 20…., and the sum of $ for the taxed costs and charges of the
above-mentioned plaintiff, which he or she recovered by judgment of this Court dated the day of
................................ , 20……., in the above-mentioned suit, and also all other costs and charges
of the plaintiff in the said suit to be hereafter duly taxed according to law, besides all your costs
thereby incurred.

Further pay to the said plaintiff or his or her legal practitioner the sum or sums due to him with
costs as above-mentioned, and for your so doing this shall be your warrant.

You are further required and directed that if after due inquiry and diligent search you are
unable to find any movable goods belonging to the said defendant or insufficient to satisfy the
amount due under this writ that you attach and take possession of (describe in full the
immovable property to be attached) transferred to the said defendant on the ……..day of
……….20 …..
And return you this writ with what you have done thereupon.

Witness: The Honourable Chief Justice of Zimbabwe at ...................................

this .................... day of ............................................ 20 .....

................................................................

235
Registrar of the High Court.

Plaintiff’s Legal Practitioner (Address)

Form No.34
Writ of execution against Immovable property
Rule 69(1)

Case No. ...........

IN THE HIGH COURT OF ZIMBABWE
In the matter between:
, Plaintiff
and
, Defendant

To the Sheriff for Zimbabwe:

WHEREAS you were directed to cause to be realised the sum of $....................in satisfaction of
a judgment debt and costs obtained by against.....................
............................................................................................................................. in this Court on
the ..................day of ................................ 20 ......

AND WHEREAS your return stated (here quote the Sheriffs return on the writ against
movables).

NOW, therefore, you are required and directed to attach and take into execution the immovable
property of the said , being...........................................................(here give the description of
the
property) to cause to be realised therefrom the sum of $......together with the costs hereof and
of the prior writ amounting to $.....and your charges in and about the same, and thereafter to
dispose of the proceeds thereof in accordance with Rule 69.

236
For which this shall be your warrant
Witness: The Honourable Chief Justice of Zimbabwe, at .................................
this ........day of ........................ 20 .......

.........................................................
Registrar of the High Court

Plaintiff’s Legal Practitioner

(Address)

Form No.35
Writ of execution against movables (provisional sentence)
Rule 69(1)

Case No. ...........

IN THE HIGH COURT OF ZIMBABWE
In the matter between:
, Plaintiff
and
, Defendant

To the Sheriff for Zimbabwe:

You are required and directed to attach and take into execution the movable goods of the
above-mentioned defendant, of………….(address) and of the same to cause to be realised the
sum of $ ………. together with interest thereon at….per centum per annum from the ……….
day of ……….20….., and the sum of $ ………. for the taxed costs and charges of the
above-mentioned plaintiff, which he or she recovered provisionally by judgment of this Court
on the ……….day of ……….20……in the above-mentioned suit, and also all other costs and
charges of the said plaintiff in the said suit to be hereafter taxed according to law, besides all

237
your costs thereby incurred, and $...... in addition in case the said defendant shall require
security de restituendo and further to pay to the said plaintiff or his or her legal practitioner the
sum or sums due to him or her with costs as above-mentioned upon sufficient security (if
required) being given by him or her for the restitution thereof, if in the principal case the said
sentence is reversed, and for so doing this shall be your warrant.

And return you this writ with what you have done thereupon.

Witness: The Honourable Chief Justice of Zimbabwe, at .................................

this ........day of ........................ 20 .......

.........................................................
Registrar of the High Court

Plaintiff’s Legal Practitioner

(Address)

Form No.36
Writ of execution against immovable property (provisional sentence)
Rule 69(1)

Case No. ...........

In the matter between:
, Plaintiff

and To the Sheriff

for Zimbabwe:

, Defendant

You are required and directed to attach and take into execution certain ...........
.............................................................. (here set out fully the description of the property) which
was by sentence of this Court bearing date the day of ..........................................................

238
20….specially declared executable to satisfy the sum of $ …and interest thereon at per
centum per annum from the ………. day………………………………of 20...
………. to date of payment, which (plaintiff) by the said sentence recovered provisionally
against (defendant) together with the sum of $.... for the taxed costs and charges of the said
plaintiff and $ in addition in case the said defendant shall require security de restituendo, and
also the sum of $ ............ being the taxed costs of this writ besides all your costs thereby
incurred, and pay to the said plaintiff or his or her legal practitioner the sum or sums due to
him or her with costs as above-mentioned upon sufficient security (if required) being given by
him or her for restitution thereof if in the principal case the said sentence be reversed, and for
so doing this shall be your warrant.

And return you this writ with what you have done thereupon.

Witness: The Honourable Chief Justice of Zimbabwe, at .................................

this ........day of ........................ 20 .......

.........................................................
Registrar of the High Court

Plaintiff’s Legal Practitioner

(Address)

Form No.37
Writ of delivery (1) return of movables alone
Rule 69(1)

Case No. ...........

In the matter between:
, Plaintiff
and
, Defendant

239
To the Sheriff for Zimbabwe:

You are required and directed that, without delay, you cause the following movable goods,
namely ....................................... to be returned to.................................... to which the said
................................................................................................ lately recovered against (or which
was ordered to deliver to the said ............... ................................................................in this
action by a judgment or order of the High Court of Zimbabwe, at
........................................................................ ........................................ bearing date the .......
day of ............................. 20 , and for so doing this shall be your warrant.

And return you this writ with what you have done thereupon.

Witness: The Honourable Chief Justice of Zimbabwe, at .................................

this ........day of ........................ 20 .......

.........................................................
Registrar of the High Court

Plaintiff’s Legal Practitioner

(Address)

Form No.38
Writ of delivery (2) return of movables, damages and costs
Rule 69(1)

Case No. ...........

In the matter between:

, Plaintiff
and

, Defendant

240
To the Sheriff for Zimbabwe:

You are required and directed that, without delay, you cause the following movable goods,
namely .to be returned to.............................................................................which the said lately
recovered against ............................................................. (or which was ordered to deliver to
the said) in this action by a judgment or order of the High Court of Zimbabwe, at
................................................................... dated the ....... day of ................................. 20......

And you are further required and directed that if the said movable goods cannot be found, you
seize..................................................................by all his or her movable goods so that neither
the
said nor anyone for him or her do lay hands on the same until the said ..................................
render to the said.....................................................the said movable goods. And you are further
required and directed that of the goods of the said you cause to be made the sum of $.......for
damages, and also interest thereon at the rate of per centum per annum, from the
day.....................................................of… … 20….. which sum of money and interest were by
the said
judgment or order adjudged to be paid by the said to the said together with costs. And that of
the goods of the said you further cause to be made the sum of $...., being the taxed costs
aforesaid together with interest thereon at the rate of…..per centum per annum, from the day
of…..20….. and that you pay that money and interest into the said Court immediately after
execution hereof to be paid to the said in pursuance of the said judgment or order, and for so
doing this shall be your warrant.

And return you this writ with what you have done thereupon.

Witness: The Honourable Chief Justice of Zimbabwe, at .................................

this ........day of ........................ 20 .......

.........................................................
Registrar of the High Court

Plaintiffs Legal Practitioner

(Address)

241
Form No. 39
Writ of ejectment
Rule 69(1)

Case No. ...........

In the matter between
, Plaintiff
and
, Defendant
To the Sheriff for Zimbabwe:

WHEREAS (name, occupation and address) obtained an order in the High Court of
Zimbabwe on the .........day of ..................................20..... against ..........................................
(name, occupation and address) ordering him or her and all persons claiming through him or
her to be ejected from and out of...............................................................(set out the property
or
premises from which the defendant/respondent is to be ejected) at present occupied by the said
, as appears of record.

NOW therefore you are required and directed to eject the said..........................
............................................................... and all persons claiming through him or her, his or her
goods and possessions from and out of all occupation and possession whatsoever of the said
ground and/or premises, and to leave the same, to the end that the said may peaceably enter
into and possess the same, and for so doing this shall be your warrant.

And return you this writ with what you have done thereupon.

Witness: The Honourable Chief Justice of Zimbabwe, at .................................

this ........day of ........................ 20 .......
.........................................................
Registrar of the High Court

Plaintiffs Legal Practitioner

(Address)
242
*.. The property listed on the attached inventory has been attached in execution of the writ, and
will be removed to a place of security for the purposes of sale on the (date).
* You will be ejected from the premises specified in the writ, namely .............
.............................................................................. (describe the premises) on the (date). It is
in your own interest to be present on the above date, especially in the case of eviction, to
enable you to take possession of your personal belongings. Should you fail to be present we
shall proceed to execute the writ in your absence.

The amount required on the writ is $ to be paid in cash to the Sheriff at the very latest by the
day before execution.

Form No. 40
Notice of ejectment/removal
Rule 69(7)

CASE NO. HC ....................................................... DATE ...............................

IN THE MATTER BETWEEN:
PLAINTIFF/S ....................................................................................................
AND
DEFENDANT/S .................................................................................................
This is to advise you that in respect of the above case, a WARRANT OF
EXECUTION/EJECTMENT/ DELIVERY has been issued at the instance of the Plaintiff,
represented by legal practitioners, Messrs.:
.............................................................................................................................
The execution of this Warrant will take place at (address):
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
On (Date) ............................................................................................................

243
It is in your best interest to be present on the above date, especially in the case of Eviction, to
enable you to take possession of your personal belongings. Should you fail to be present, we
shall proceed to execute the Warrant in your absence.
The amount required on the Warrant, including Capital, Costs and Interest plus Deputy
Sheriff’s charges up to date, is reflected below. This is to paid in cash, Bank Cheque or POSB
cheque or a Building Society Cheque, made payment to the Deputy Sheriff, at the VERY
LATEST THE DAY BEFORE EXECUTION.
.......................................................................................................... SHERIFF/ADDITIONAL
SHERIFF/ASSISTANT SHERIFF

$ c
Capital and Costs……………………………
Interest ……………………………………...
Inventory …………………………………
Fee-Notice of removal……………………...
Fee-Warrant/Execution……………………
Mileage …………………………………...
Notice of Release …………………………

Other ………………………………………..
Sub-Total ………………………………...
Commission…………………………………..
Sub-Total …………………………………..
Bank Charges ………………………………
Total ………………………………………..

Form No. 41
Security bond
Rule 70(9)

244
 Case No. ...........
IN THE HIGH COURT OF ZIMBABWE
In the matter between:
, Plaintiff
and
, Defendant

WHEREAS by virtue of a certain writ of execution of the High Court of Zimbabwe, dated the
............ day of.................................20 and directed to the Sheriff for Zimbabwe, and issued at
the suit of (hereinafter called the plaintiff) against (hereinafter called the defendant), the Sheriff
has seized and laid under attachment the under-mentioned articles, namely
.............................................................................................................................

(list here in detail the goods attached)

NOW therefore the said defendant, and of ........................................................as surety for

him or her, hereby severally bind themselves to the said Sheriff, that the said goods shall not be
made away with or disposed of, but the same shall remain in possession of the said defendant,
under effect of the said attachment, and shall be produced to the said Sheriff, or other person
authorised by him or her, on ................ the........................day of 20 (the day appointed for the
sale), or on any other day when the same may be required in order to be sold unless the said
attachment shall sooner be legally removed otherwise the said surety hereby binds himself or
herself, his or her person, goods and effects, to pay and satisfy the sum of $..... (the estimated
amount of the effects seized) to the said Sheriff, for and on account of the said plaintiff.

In witness whereof the said defendant and the said surety have hereunto set their hands at
this..... day of.......................... 20 .....

.............................................
Sheriff

Form 42

245
Notice of attachment of immovable property
Rule 71(3)(d)

Case No. ...........

In the matter between

, Plaintiff

and
, Defendant
To the Sheriff for Zimbabwe:

NOTICE OF ATTACHMENT OF IMMOVABLE PROPERTY

In accordance with a writ of execution issued by the Registrar of the High Court at
............................................(state Harare or Bulawayo) on the.........................(date), a copy of
which is attached to this notice, I have today placed under judicial attachment the following
immovable property which is owned/occupied by you:
.............................................................................................................................
(describe the immovable property)

NOTICE TO EXECUTION DEBTOR

You are required to deliver to me all documents in your possession or under your control
relating in any way to the immovable property described above.

NOTICE TO OCCUPIER
In all matters relating to the immovable property described above, you are required to act with
the knowledge that the property is now under judicial attachment.

NOTICE TO EXECUTION DEBTOR AND/OR HIS OR HER FAMILY

(If property is a dwelling)

246
Following this attachment the dwelling will be sold in execution and anyone who is occupying
it will be liable to be evicted.
If you believe that you or your family will suffer great hardship from the sale of the property or
your eviction from it, you may approach the High Court to ask for the sale, or your eviction, to
be postponed or suspended.
To obtain such a postponement or suspension.—
(a) you must be able to show that the property which has been attached is a dwelling which
you or your family are occupying, and that you are likely to suffer great hardship if the
property is sold or you are evicted; and
(b) you must do one of the following—
(i) present a reasonable offer or plan to settle the debt which has given rise to the
writ of execution; or
(ii) satisfy the court that you require a reasonable period in which to find other
accommodation; or
(iii)
satisfy the court that there is some other good ground for postponing or
suspending the sale of the dwelling or your eviction from it.
If you wish to apply for such relief you must approach the Registrar of the High Court a
(state Harare or Bulawayo) without delay and in any event no later than ten days
following the date of service of this notice.
Dated at ..............this ........ day of.................. , 20 ....
.........................................................
Sheriff

Form No. 43
Notice to Registrar of Deeds or Mining Commissioner
Rule 71(3)(d)

Case No. ...........

In the matter between
, Plaintiff
and
, Defendant
To the Sheriff for Zimbabwe:

247
Take notice that in pursuance of the writ of execution issued on the ................. day of
................................... 20 .... at…….., a copy of which is annexed hereto, I hereby lay under
judicial attachment the under-mentioned immovable property, namely
......................................................... (describe in full the immovable property attached) in order
to satisfy the exigency of the said writ of execution and the costs and charges thereof.

You are hereby required to note against the said property in your books of registration that this
judicial attachment has been made, and advise me that you have done so.

DATED at....................this .....day of ......................... 20 .....

.........................................................
Sheriff

To ............................................................

Form No. 44 – REPEALED

Application for postponement or suspension of sale in execution dwelling Rule 71(15)

Case No. ...........

In the matter between
Execution Debtor, (Applicant)
and
Execution Creditor, (Respondent)
CHAMBER APPLICATION
Application is hereby made for an order postponing or suspending the sale in
execution/eviction of the occupants (delete whichever does not apply) of the following
dwelling: .............................................................................................................................

248
(describe dwelling) which was placed under attachment pursuant to a writ of execution issued
by the Registrar of the High Court at..........................................(state Harare or Bulawayo) on
the (date).

The grounds on which this application is made are:

1. The said dwelling is occupied by the applicant and/or the following members of his or her
family:
(Give the names of the occupants and their relationship to the applicant)

2. The above occupants will suffer great hardship if the said dwelling is sold and they are
evicted from it because:
(Set out the reasons, in detail)

3. The applicant hereby makes the following offer for the settlement of the judgment debt
which gave rise to the writ of execution:
(Set out clearly any offer of settlement, e.g. “The debt will be repaid by installments of $
................ a month, commencing the ”)

The applicant seeks an order in the following terms:

The sale in execution of the said dwelling is postponed until (date).

OR ALTERNATIVELY:

The sale in execution of the said dwelling shall proceed subject to the condition that the above-
mentioned occupants are permitted to remain in occupation until
....................... (date).

OR ALTERNATIVELY:

The sale in execution of the said dwelling is suspended on condition that the applicant carries
out fully the terms of the offer of settlement made above.

Dated at ................. this ..........day of ......................... , 20 ....

Applicant/Execution Debtor
The applicants’ address for service is:

249
(Note: the address for service must be a physical address within a radius of 5 kilometres from
the registry in which this notice is filed)

................................................................................................................

NOTICE OF SET-DOWN
(To be completed by the Registrar on the back of Form No. 45)
The application will be heard at............ a.m./p.m. on the (date) before a Judge of the High
Court at Harare/Bulawayo. The execution creditor and the execution debtor may be present,
either in person or represented by their legal practitioners, at the hearing.

Dated at ................. this ..........day of ......................... , 20 ....

.........................................................
Registrar

Form No. 45
Summons for imprisonment for debt
Rule 73(3)

Case No. ...........

In the matter between
, Plaintiff
and
, Defendant
To the Sheriff for Zimbabwe:

SUMMONS FOR CIVIL IMPRISONMENT

I: NOTICE TO DEFENDANT

You, the Defendant, are called upon to pay to the Plaintiff the sum of with interest thereon at
the rate of…….percent per annum from the.........., 20 to the date of payment. You are

250
required

251
to pay this sum by virtue of a judgment obtained against you in the High Court at Harare/
Bulawayo on the ........... 20…. under which you were ordered to pay the sum of
..................................................................................................................................................
You
were also ordered to pay the costs of that case, which amount to
.........................................................

II: WHAT DEFENDANT MUST DO

If you fail to pay the sum specified above, you must appear before the High Court at
Harare/Bulawayo on the......................, 20…., at a.m., to explain why you have not paid it and
to show cause why an order for your imprisonment should not be made on account of your
failure to pay. You should bring with you evidence of your financial position, and it will be in
your own interest to give the court evidence of—
(a) your income from wages, salary or other earnings and any other income you may
receive from any other source (you should bring wage slips or other proof your
income);
(b) your expenses for your yourself and any dependants (bring documentary proof such
as rent receipts, water and light accounts, accounts for school fees, insurance
policies, etc.);
(c) any other liabilities to which you may be subject.
The court will conduct an inquiry into your financial position and, depending on the
circumstances, it may not commit you to prison but instead give you further time to pay the
sum due or direct you to pay it in instalments over a specified period. You are at liberty to
approach the plaintiff before the date of the hearing and to make an offer of settlement of the
sum due.

III: FAILURE TO ATTEND

Unless you may the plaintiff the sum specified in section I above, or unless the plaintiff accepts
an offer of settlement which you have made to him or her, you must appear before the High
Court on the date and at the time specified above in section II. If you do not do so, a writ of
personal attachment may be issued against you and you may be committed to prison.

This Summons has been issued by the Registrar of the High Court at Harare/ Bulawayo on
.................................., 20 .......
Registrar
Plaintiff/plaintiff’s Legal Practitioner

252
Form No. 46
Writ of execution— imprisonment for debt
Rule 73(12)

Case No. ...........

In the matter between
, Applicant
and
, Respondent
To the Sheriff for Zimbabwe:
WRIT OF CIVIL IMPRISONMENT

On the ...................., 20….., the High Court sitting at Harare/Bulawayo ordered the civil
imprisonment of the respondent [............................................Name] of [Last known address]
for
a period of weeks in the prison. The order will remain in force until the respondent has paid
the sum of $............which the respondent owes to the applicant by virtue of a judgment of this
Court, together with interest on that sum at the rate of.................percent per annum from 20 to
the date of payment, and the taxed costs, and the further costs of the application for the order.

This order is subject to review by this Court on the .............. 20.........[Delete if inapplicable]

You are ordered to arrest the respondent and deliver him or her, together with a copy of this
writ, to the prison at where he or she shall be kept until—

(a) he or she has paid the judgment debt, together with the interest and
costs that are due; or
(b) the period of weeks from the date of his or her delivery to the prison has
elapsed, or
(c) a Court has varied or revoked the order of civil imprisonment.
Date ..........................................

REGISTRAR
— — —— —— ——— — —— —— ——— — —— —— ——— — —— —— — —
[Reverse of Form]

253
NOTICE TO RESPONDENT

254
You are entitled to apply to the High Court on good cause shown for the revocation or variation
of the order of civil imprisonment. For example, you may wish to make an offer to pay off the
judgment debt and interest and costs by instalments or if the court has not already held an
inquiry into your financial position, you may wish to show that your failure to pay was through
lack of means and not through wilful default.

You may make such an application at any time. Even if the court has specified a date for the
review of the order of civil imprisonment, you may apply before that date.

To make an application for the revocation or variation of the order you should ask the Officer
in Charge of the prison where you are being kept to supply you with the necessary forms.
When you have filled in the forms you should hand them back to the Officer in Charge and ask
him or her to submit them to the Registrar of the High court.

If you have paid the judgment debt, together with the interest and costs that are due, you may
apply direct to the Registrar for your release from prison.

Form No. 47
Writ of execution for contempt of court
Rule 79 (4)

IN THE HIGH COURT OF ZIMBABWE

To the Sheriff for Zimbabwe:
WHEREAS it was adjudged by the Honourable Mr. Justice
........................................................ on the.......day of .................... 20 that
......................................................... was guilty of contempt of court by reason of……..… and
he or she was fined accordingly the sum of $ to be by him or her forfeited and paid to
the use of the State.
Now therefore you are required and directed that you cause the said fine to be levied out of the
goods of the said and that you do forthwith pay over the amount so levied to the State, and for
so doing this shall be your warrant. And return you this writ with what you have done
thereupon.

255
Witness: The Honourable Chief Justice of Zimbabwe, at .................................
this ........day of ........................ 20 .......
.........................................................
Registrar of the High Court

Form No. 48
Writ for personal attachment and committal to prison
Rule 79(5)

IN THE HIGH COURT OF ZIMBABWE

To the Sheriff for Zimbabwe and to all constables and other peace officers whom it may
concern:

WHEREAS an order was made by the Honourable Mr Justice...........................

..............................................committing.................................................................of to the Gaol
until he or she or she shall have complied with an order of the High Court of Zimbabwe, at
............................................. dated ....................................20 and that the said is still in
contempt in failing to comply therewith, or sentencing
..................................................................... of to days’ imprisonment for contempt of
Court.

Now therefore you are required and directed that you take...................................of if he or she
or she be found in Zimbabwe and deliver him or her to the Keeper of the Gaol at , together
with a copy of this writ, there to be safely kept (until the further order of the High Court or for
a period of days from the date of his or her delivery to the keeper of the said gaol).

And return you this writ what you have done thereupon.

Witness: The Honourable Chief Justice of Zimbabwe, at .................................

this ........day of ........................ 20 .......
.........................................................
Registrar of the High Court

256
Form No. 49
Order in terms of rule 81(2)
Rule 81(2)

Case No. ...........

IN THE HIGH COURT OF ZIMBABWE
.................... the .......... day of............ 20 ......

Before the Honourable Mr of Counsel for the applicant

In the matter of a (Civil or Commercial or Criminal proceeding) now pending before
(description of Foreign Tribunal) entitled as follows:
Between

............................................................................................................., Plaintiff

and

..........................................................................................................., Defendant

Upon reading the affidavit (if any) of ............................................................... filed the. day
of.........................20 ...... and the certificate of ...................... ..................... (name and
description of the Ambassador, Minister, Diplomatic Agent, or Consul of the Foreign Country),
that proceedings are pending in the.
.................................................................................................................................(description of
Foreign Tribunal) in..................................................................... (name of Foreign Country) and
that such Court is desirous of obtaining the testimony of (name of witnesses).

IT IS ORDERED: That the said witnesses ....................................... do attend before (name

and address of the Commissioner), who is hereby appointed Commissioner
herein at ( pl a c e appointed for examination) on the ..........day of ................................
20 , at o’clock or such other day and time as the said Commissioner may appoint, and
do there submit to be examined upon oath, or affirmation, touching the testimony so rendered

257
as aforesaid, and do then and there produce
................................................................................................ (description of documents, if any,
to be produced).

And it is further ordered that the said Commissioner do take down in writing the evidence of
the : witness, or witnesses, according to the rules and practice of the High Court pertaining to
the examination and cross-examination of witnesses (or as may be otherwise directed); and do
cause each and every such witness to sign his or her depositions in his or her, the said
Commissioner’s presence; and do sign the deposition taken in pursuance of this order (and the
Commission or Letter of Request) and which so completed to transmit the same together with
this order the Registrar of the High Court for transmission to the President of the said Tribunal
desiring the evidence of such witness or witnesses.
BY THE COURT
........................................
Registrar

Form No. 50
Certificate as to evidence
Rule 81(3)

IN THE HIGH COURT OF ZIMBABWE

I, , Registrar of the High Court of Zimbabwe, hereby certify that the documents annexed
hereto are (1) The original order of the High Court of Zimbabwe, dated the.......day of
...................... 20 made in the matter of.....................................................pending in the at
in the ............. ...................................................of ......................................................................
directing the examination of certain witnesses to be taken before and (2) The examination and
depositions taken by the said .................................................. pursuant to the said order, and
duly signed and completed by him or her on the .........day of ......................................20 .....

GIVEN under my hand and the Seal of the High Court of Zimbabwe at this ....
day of ................................20 ....
..............................................................
Registrar, High Court of Zimbabwe

258
Form No. 51
Certificate of service of foreign process
Rule 81(4)(f)

IN THE HIGH COURT OF ZIMBABWE

I , ........................................................... , Registrar of the High Court of Zimbabwe, hereby

certify that the documents annexed hereto are as follows:
(1) The original letter of request for service of process received from the Court or Tribunal at
........................................... in the ..................... of ................. in the matter between
.............................versus ;
and
(2) The process received with such letter of request; and
(3) The evidence of service upon the person named in such letter of request.
And I certify that such service so proved, and the proof thereof, are such as are required by law
and practice of the High Court of Zimbabwe, and the proof thereof. And I certify that the cost
of effecting such service, as duly certified by the taxing officer of the High Court of
Zimbabwe, amounts to the sum of $......................
GIVEN under my hand and the Seal of the High Court of Zimbabwe at this
..........day of .............................................. 20 ....

...................................................................
Registrar, High Court of Zimbabwe

Form No. 52
Order for examination of witnesses
Rule 53(17)

Case No. ...........

IN THE HIGH COURT OF ZIMBABWE

259
IT IS ORDERED:

That a witness on behalf of the be examined iva voce on oath or affirmation before the
’s legal practitioner giving to the ...................................................’s legal practitioner
notice in writing of the time and place where the examination is to be held.

And it is further ordered that the examination so taken be filed with the Registrar of the High
Court at and that an office copy or copies thereof may be read and given in evidence on
the trial of this cause, saving all just exceptions, without any further proof of the absence of the
said witness than the affidavit of the legal practitioner of the party using the same, as to his or
her belief, and that the costs of this application be costs in the action.

BY THE COURT

Form No. 53
Order for Issue of request for commission
Rule 53(17)

Case No. ...........

IN THE HIGH COURT OF ZIMBABWE
IT IS ORDERED:

That a letter of request do issue directed to the proper tribunal for the examination of the
following witnesses:
.............................................................. of...........................................................

.............................................................. of ..........................................................

And it is ordered that the depositions taken pursuant thereto when received be filed with the
Registrar of the High Court at ……..…. and be given in evidence on the trial of this action,
saving all just exceptions.
And it is further ordered that the trial of this action be stayed until the said depositions have
been filed.
BY THE COURT
....................................................

260
Registrar

Form No. 54
Order for appointment of examiner to take evidence
Rule 53(17)

Case No. ...........

IN THE HIGH COURT OF ZIMBABWE
IT IS ORDERED:
That be appointed as examiner for the purpose of taking the examination, cross-examination
and re-examination viva voce, on oath or affirmation, of............................witnesses on the part
of the at aforesaid. The ’s legal practitioner to give to the
………………………………’s legal practitioner days’ notice in writing of the date on which
they propose to send out this order to for execution, and that.................days after the service of
such notice the legal practitioners for the plaintiffs and defendants respectively do exchange
the names of their agents at to whom notice relating to the examination of the said witnesses
may be sent. And that………. days (exclusive of Sunday) prior to the examination of any
witness hereunder, notice of such examination shall be given by the agent of the party on
whose behalf such witness is to be examined to the agent of the other party (unless such notice
be dispensed with). And that the deposition when so taken, together with any documents
referred to therein, or certified copies of such documents, or of extracts therefrom, be
transmitted by the examiner, under seal, to the Registrar of the High Court of Zimbabwe at
on or
before the ………… day of next, or such further or other day as may be ordered, there to be
filed in the proper office. And that either party be at liberty to read and give such depositions in
evidence on the trial of this action, saving all just exceptions. And that the trial of this action be
stayed until the filing of such depositions. And that the costs of and incidental to this
application and such examination be costs in the action.
BY THE COURT
…………………………………………….
Registrar

Form No. 55

261
Request for Commission
Rule 53(18)

To the President of the Court and Judges of.............................................................

WHEREAS an action is now pending in the High Court of Zimbabwe, in which
................................................... is Plaintiff, and …………………is Defendant.

And in the said action the Plaintiff claims (as in Declaration).

AND WHEREAS it has been represented to the said Court that it is necessary for the purposes
of justice and for the due determination of the matters in dispute between the parties, that the
following persons should be examined as witnesses upon oath touching such matters, that is to
say
.............................................................. of...........................................................

.............................................................. of ..........................................................

And it appearing that such witnesses are resident within the jurisdiction of your Honourable
Court.

Now I,……………... , as the Chief Justice of the said High Court, have the honour to request,
that for the reasons aforesaid and for the assistance of the High Court, you as the President and
Judges of the said...................................................................or some one or more of you, will
be
pleased to summon the said witnesses (and such other witnesses as the agents of the said
plaintiff and defendant shall humbly request you in writing so to summon) to attend at such
time and place as you shall appoint before some one or more of you, or such other person as
according to the procedure of your Court is competent to take the examination of witnesses,
and that you will cause such witnesses to be examined upon the interrogatories which company
this letter of request or viva voce) touching the said matters in question in the presence of the
agents of the plaintiff and defendant, or such of them as shall on due notice given, attend such
examination.
And I further have the honour to request that you will be pleased to cause the answers of the
said witnesses to be reduced into writing, and all books, letters, papers, and documents
produced upon such examination to be duly marked for identification, and that you will be
further pleased to authenticate such examination by the seal of your tribunal, or in such other
way as is in accordance with your procedure, and to return the same together with such request
in writing, if any, for the examination of other witnesses, to the said High Court of Zimbabwe.

262
GIVEN under my hand and the Seal of the High Court of Zimbabwe at this
..........day of .............................................. 20 ....
...................................................................
Chief Justice

Form No. 56
Appointment of Commissioners
Rule 53(34)

IN THE HIGH COURT OF ZIMBABWE

To A. B., Esq.,
(Occupation and address)
Confiding in your knowledge and ability, full power and authority as a Commissioner of this
Court is committed to you to examine witnesses in all cases in which, by any rule or order of
this Court, such examination shall be committed to you, and to take affidavits in all suits
depending in the Court and in other matters:

To have, enjoy and exercise the said office of Commissioner as aforesaid, and the power and
authority as aforesaid, until this, our Commission, be revoked. By the Court and given under
my hand and Seal of the High Court of Zimbabwe at
Harare, this ....................... day of...................... 20........
...................................................................
Registrar

Form No. 57
Subpoena ad testificandum (General Form)
Rule 53(2)

Case No. ...........

263
IN THE HIGH COURT OF ZIMBABWE
In the matter between:
Plaintiff
and Defendant
To (the names of four witnesses may be inserted)
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
of
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
You are required and directed to attend before the High Court of Zimbabwe, at
................................................ on............... day, the ......... day of ..........20...........at the hour of
......................... in the noon, and so from day to day until the above cause is tried, to give
evidence on behalf of the plaintiff/defendant.

Witness: The Honourable Chief Justice of Zimbabwe, at .................................

this ........day of ........................ 20 .......
.........................................................
Registrar of the High Court

I, ............................................................., Legal Practitioner for the ..................

................................................... hereby accept responsibility for the payment of all expenses
found by the taxing officer to be due to the witnesses above-named.
...................................................................
Legal Practitioner

Form No. 58
Habeas corpus ad testificandum

264
Rule 53(2)

Case No. ...........

IN THE HIGH COURT OF ZIMBABWE
In the matter between
, Plaintiff
and
, Defendant
To the keeper of the prison at.........................................................................
You are required and directed that you bring........................................................who it is said is
detained in the prison under your custody, before the Justices of the High Court of Zimbabwe,

at.................................................. on day ......................the day.........of 20...................................,

at the hour of in the noon and so from day to day until the above action is tried, to give
evidence on behalf of the......................................
And that immediately after the said .................................................................... shall have so
given his or her evidence you safely conduct him or her to the prison from which he or she
shall have been brought.

Witness: The Honourable Chief Justice of Zimbabwe, at .................................

this ........day of ........................ 20 .......
.........................................................
Registrar of the High Court
Plaintiff’s Legal Practitioner

Form No. 59
Subpoena duces tecum (general form)
Rule 53(2)

Case No. ...........

IN THE HIGH COURT OF ZIMBABWE

265
In the matter between

, Plaintiff
and

, Defendant
To (the names of four witnesses may be inserted)
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
of
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................

You are required and directed to attend before the High Court of Zimbabwe, at
................................................ on the ............ day of ..........20...............................at the hour of
......................... in and so from day to day until the above cause is tried, to give evidence on
behalf of the plaintiff/defendant.

Witness: The Honourable Chief Justice of Zimbabwe, at .................................

this ........day of ........................ 20 .......
.........................................................
Registrar of the High Court
I, ............................................................., Legal Practitioner for the ..................
................................................... hereby accept responsibility for the payment of all expenses
found by the taxing officer to be due to the witnesses above-named.
...................................................................
Legal Practitioner

266
FORM CCZ 4
Referral of a constitutional matter
Rule 24
Case No. CCZ .........................
IN THE CONSTITUTIONAL COURT OF ZIMBABWE HELD AT
A REFERRAL FROM
....................................................... in terms of section 175(4) of the Constitution In the matter
between
............................................................................................................................. APPLICANT
AND
............................................................................................................................RESPONDENT
Date of referral ...........................................................................
Constitutional question referred..........................................................................
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
I, .......................................................................... , do hereby certify that the record attached
hereto is correct and accurate.
This record contains pages and the following items:
.............................................................................................................................
.............................................................................................................................
267
.............................................................................................................................
Signed ...................................................................
Presiding Judicial Officer / Registrar / Clerk of Court
COURT STAMP

CP & E 1
NOTICE IN TERMS OF SUBSECTION (1) OF SECTION 66 OF THE CRIMINAL
PROCEDURE AND EVIDENCE ACT [CHAPTER 9:07] AS READ WITH PARAGRAPH
(a) OF SUBRULE (2) OF RULE 87 OF THE HIGH COURT RULES
Date ..............................
IN THE HIGH COURT OF ZIMBABWE
THE STATE
versus
..................................................

Charged with the crime of:—

Sir, I have the honour to inform you that I have decided to indict in the above case, sitting at
the High Court of Zimbabwe at on

268
the .............................. day of .......................................... 20 ...........

.....................................
for Prosecutor-General

The Provincial Magistrate

(Copy to the District Public Prosecutor)

CP & E 2A
NOTICE IN TERMS OF PARAGRAPH (b) OF SUBRULE (2) OF RULE 87 OF THE HIGH
COURT RULES
Case No. ...........
IN THE HIGH COURT OF ZIMBABWE
TO ............................................................
You are hereby notified that I have decided to prosecute you before the High Court on a charge
of....................................................
.....................................
for Prosecutor-General

269
Date: ................

RETURN OF SERVICE

I hereby certify that I have this day of ................ 20... , at (state address) ..........
............................................................................. served this notice on the accused by showing
him or her the original copy, handing him or her a copy and explaining to him or her the nature
and effect of the notice. I have informed the accused that, should he or she require any
assistance in arranging his or her defence, he or she should approach the Registrar of the High
Court.
......................................
Signature and Designation
Date: ................

NOTES TO MAGISTRATES AND COMMISSIONER GENERAL OF POLICE

1. The copy of this notice shall be handed to the accused—
(a) when the accused is given the copy, the effect of the notice shall be explained to him
or her and the section entitled “Return of Service” shall be completed on the top copy;
(b) after (a) and (b) have been complied with, the magistrate shall send the top copy to the
Commissioner-General of Police or his or her assistant within whose district the
accused is detained or, accused is on bail, within whose district is situated the place at
which the accused will accept service of process in terms of his or her bail bond.

2. —
(a) The Commissioner-General of Police or his or her assistant shall interview the
accused concerning arrangements for his or her defence and shall complete the
appropriate section overleaf. If arrangements are not finalised at the initial interview
a note should be made in the remarks section as to what steps are being taken to
arrange the accused’s defence;
(b) the notice shall then be sent to the Commissioner-General of Police or his or her
assistant, within whose district the accused is detained;
3. The Commissioner-General of Police or his/her assistant, shall note the information so
passed to him or her/her and shall immediately send the notice back to the Prosecutor- General.

270
 ACCUSED’S DEFENCE
The accused has been interviewed concerning the arrangements to be made for his/her defence
and he or she/she has stated:
1. He or she does not wish to be defended at all.
2. He or she wishes to be defended but cannot raise the prescribed amount, therefore, he or
she applies for legal aid.
3. He or she wishes to be defended and can raise the prescribed amount.
4. He or she is arranging his or her own defence through his or her legal practitioners who
are .....................................................................................
(Delete whichever of the paragraphs are inapplicable)

Remarks

......................................
Signature and Designation

Date: ................

NOTE
If the accused can raise the prescribed amount in terms of paragraph 3 above the Registrar
of the High Court can arrange for his/her defence.

CP & E 2B

271
NOTICE IN TERMS OF PARAGRAPH (b) OF SUBRULE (2) OF RULE 87 OF THE HIGH
COURT RULES

Case No. ...........

IN THE HIGH COURT OF ZIMBABWE TO ............................................................

You are hereby notified that I have decided to prosecute you before the High Court on a charge
of....................................................
.....................................
for Prosecutor-General

Date: ................

RETURN OF SERVICE

I hereby certify that I have this day of ................ 20... , at (state address) ..........
............................................................................. served this notice on the accused by showing
him or her the original copy, handing him or her a copy and explaining to him or her the nature
and effect of the notice.
I have brought to the accused’s attention the provisions of the first section on the back of this
notice
......................................
Signature and Designation

Date: ................

NOTES TO MAGISTRATES AND SERVING OFFICERS

The top copy of this notice shall be returned to the Prosecutor-General after the “Return of
Service” above and the section overleaf have been completed.
The second copy shall be handed to the accused and the nature and effect of the notice shall
be explained to him or her.

ACCUSED’S DEFENCE

272
I have interviewed the accused concerning the arrangements to be made for his/ her defence,
and he or she has stated:
1. He or she does not wish to be defended at all.
2. He or she wishes to be defended but has no funds and therefore, applies for legal aid.
3. He or she is arranging his/her own defence through his/her legal practitioners who are
..........................................................................................................
(Delete whichever of the above paragraphs are inapplicable)

Remarks

......................................
Signature and Designation

CP & E 3
To the Sheriff of Zimbabwe or his or her lawful Deputy:
You are hereby required and directed in the name and on behalf of the State that you
summon........................................................................................................that appear
before the High Court of Zimbabwe at.....................................................on the........day of
.............................20 .... next, there to answer to a certain indictment to be preferred against
.........................................................................by the Prosecutor-General, on behalf of the State,
and not to depart until be discharged in due course of law; and serve
upon........................................a copy of the said indictment, and the notice of trial annexed
hereto, and return you on that day, to the registrar, this writ, with whatsoever you have done
thereupon.

273
WITNESS: The Honourable Chief Justice of Zimbabwe, the ......day of ,............................in the
year of Our Lord....
............................................
Registrar of the High Court

....................................................
Clerk to the Prosecutor-General

CP & E 4
NOTICE IN TERMS OF SUBRULE (3) OF RULE 87 OF THE HIGH COURT RULES
IN THE HIGH COURT OF ZIMBABWE
TO:
You are hereby notified that you will be tried on the indictment, a copy of which is annexed
hereto, before the High Court of Zimbabwe at ................................ on the ............. day of in
the year of Our Lord Two Thousand and .............

Dated this ....... day of ......................................, 20 .........

............................................
for Prosecutor- General

274
CP & E 5A

SUBPOENA

NOTICE IN TERMS OF SUBSECTION (3) OF SECTION 229 OF THE CRIMINAL

PROCEDURE AND EVIDENCE ACT [CHAPTER 9:07] AS READ WITH SUBRULE (13)
OF RULE 87 OF THE HIGH COURT RULES

TO

You are hereby required to appear personally before the Judge at the session of the High Court
of Zimbabwe to be held at............................... and commencing on the ........day of
........................... 20 .. at ten o’clock in the morning to testify all those things which you, or
any of you, know concerning an indictment then and there to be preferred against
.......................................... charged with the crime of
................................................................................... failing which you shall be liable to a fine
or to imprisonment for a period not exceeding one month.

WITNESS: The Honourable Chief Justice of Zimbabwe, the ......day of , ..........................

in the year of Our Lord....
............................................
Registrar of the High Court
....................................................
Clerk to the Prosecutor-General

275
CP & E 5B

SUBPOENA

NOTICE IN TERMS OF SUBSECTION (3) OF SECTION 229 OF THE CRIMINAL

PROCEDURE AND EVIDENCE ACT [CHAPTER 9:07] AS READ WITH SUBRULE (12)
OF RULE 87 OF THE HIGH COURT RULES

TO

You are hereby required to appear personally before the Judge at the session of the High Court
of Zimbabwe to be held at .............................. and commencing on the .........
day of ........................................ 20.. next at ten o’clock in the morning to testify all those
things which you, know concerning an indictment then and there to be preferred against:
.................................................................................
charged with the crime of
.................................................................................
and this you shall by no means fail to do, upon failing you shall be liable to a fine or to
imprisonment for a period not exceeding one month.

WITNESS: The Honourable Chief Justice of Zimbabwe, the ......day of ,

.......................... in the year of Our Lord....

276
 ............................................
Registrar of the High Court
....................................................
Clerk to the Prosecutor-General

CP & E 6
NOTICE IN TERMS OF SUBRULE (2) OF RULE 89 OF THE HIGH COURT RULES
IN THE HIGH COURT OF ZIMBABWE
In the matter of
THE STATE
versus
.................................................
charged with the crime of and indicted for trial before the High Court
on..................................................... at ...........................
As a result of an application made to a Judge in Chambers by an order has been made in terms
of section 161 of the Criminal Procedure and Evidence Act [Chapter 9:07], transferring the
place at which the trial is to be held from ......
...................................................to ................................
The session during which the trial will be held, commences on ........................
............................................
Registrar of the High Court

277
CP & E 7
AUTHORITY TO PROSECUTE ISSUED IN TERMS OF SECTION 5 OF THE CRIMINAL
PROCEDURE & EVIDENCE ACT [CHAPTER 9:07]
IN THE HIGH COURT OF ZIMBABWE

I, Prosecutor-General of Zimbabwe, do hereby nominate and appoint to appear before

the High Court at its sitting, commencing on the ..... day of ....................20 , at , and for
me, and in my name, to prosecute all such cases as shall be therein pending or the case(s) set
out hereunder:
Given under my hand at ......................this ....... day of .........................., 20.....
.................................
Prosecutor-General

278
CP & E 8
In the case of

THE STATE
versus
.................................................

charged with the offence of .......................................................................

at................................................on the........ day of............................... 20 , Province of
.........................................................................

Before, ......................................................................., Magistrate for the said province,

appeared above named accused (No.............), who, having been informed that it appears that he
or she was convicted of the offences below stated, i.e.:

TABLE OF PREVIOUS CONVICTIONS

Court before which

convicted
Crime Date of Convictions Sentence

and upon being called upon to admit or deny the above convictions, declares: The above
declaration was made and subscribed to by the said accused ...........
in my presence.
.....................
Magistrate
Witnesses:

(1) ..................................

(2) ..................................
279
CP & E 10

NOTICE IN TERMS OF SUBSECTION (11) OF SECTION 278 OF THE CRIMINAL

PROCEDURE AND EVIDENCE ACT [CHAPTER 9:07]

IN THE HIGH COURT OF ZIMBABWE

TO
Charged with the crime of.............................................................and indicted for trial before the
High Court on.................................. at..........................................................

You are hereby notified that the prosecutor at your trial intends to produce, in terms of
subsection (11) of section 278 of the Criminal Procedure and Evidence Act [Chapter 9:07], a
document purporting to be an affidavit, a copy of which is annexed hereto, relating to:
.............................................................................................................................
.............................................................................................................................
If you intend to request the court at your trial, to cause the person who made the affidavit
annexed hereto to give oral evidence or to cause written interrogatories to be submitted to him
or her for reply, it is requested that you notify the Prosecutor- General on or before the first day
of the Criminal Sessions during which your case is to be heard.

.................................

280
 Prosecutor-General

I certify that this notice was served on the above-named person thisday of
......................................... 20....

..............................................
Signature of Serving Officer

Please return this notice, duly completed, to

The Prosecutor-General, Private Bag 7714, Causeway.

CP & E 11
NOTICE IN TERMS OF SECTION 326 OF THE CRIMINAL PROCEDURE AND
EVIDENCE ACT [CHAPTER 9:07]
IN THE HIGH COURT OF ZIMBABWE
TO
Charged with the crime of and indicted for trial before
the High Court on........................................................ at ....................................
You are hereby notified that in the event of your being found guilty of the above offence(s) the
prosecutor will offer proof, in terms of section 326 of the Criminal Procedure and Evidence
Act [Chapter 9:07], that you were previously convicted of the crimes hereunder set out,
namely:—

281
 Court before which convicted Crime Date of Convictions Sentence

Dated this ....... day of ...................................... , 20 .........

............................................
for Prosecutor-General

I certify that this notice was served on the above-named person thisday of
..............................20 ....
..............................................
Signature of Serving Officer

Please return this notice, duly completed, to

The Prosecutor-General, Private Bag 7714, Causeway.

282
CP & E 11A

NOTICE IN TERMS OF SUBSECTION (3) OF SECTION 345 OF THE CRIMINAL

PROCEDURE AND EVIDENCE ACT [CHAPTER 9:07]

Thumbprint Photograph

TO (full names)
of (residential address)
............................................................................................. (business address)
WHEREAS you were duly convicted of the offence(s) of .................................
............................................................................................................................. and were for
the said offence(s) sentenced on the to undergo periodical imprisonment for a period of
hours:

NOW, THEREFORE, this is to direct you, in terms of subsection (3) of section 345 of the
Criminal procedure and Evidence Act [Chapter 9:07]—

(a) to report to ......................, at ................., on the ..... day of......................, 20 for

the purpose of having your finger-prints recorded and photograph taken for
identification; and
(b) to surrender yourself on the.....day of ................ , 20 at 1800 hours, to a prison
officer at Prison, for the purposes of undergoing the said imprisonment in terms of
the law relating to prisons.
Given under my hand at ......................this ....... day of .........................., 20.....

...........................
Judge

Registrar of the High Court

Notes

283
 1. One copy of this notice is to be handed to the prisoner.
2. Two copies are to be forwarded to the Officer in Charge of the appropriate prison.
3. The thumb-print and a photograph of the prisoner is to be placed on one of the copies
of this notice which is forwarded to the appropriate prison.
4. One copy is to be date-stamped and returned to the Registrar of the High Court by the
Officer in Charge of the appropriate prison.

REVERSE SIDE
FOR YOUR INFORMATION
1. This notice is to be presented to the prison officer admitting you to prison.
2. You will be allowed to bring any drugs into prison with you which have been
prescribed for you by your doctor if you produce a certificate from your doctor to that
effect.
3. In terms of subsection (3) of section 61 of the Prisons Act [Chapter 7:11] the Officer
in Charge of a prison may refuse to take into the precincts of the prison any property
of a prisoner which, by reason of its bulk, nature or excessive quantity, cannot be
conveniently stored therein. You are accordingly advised to contact the Officer in
Charge of the prison before taking any such property, including a car, into the
precincts of the prison named in this notice with the intention of leaving it there while
you serve your sentence.

FORM HC MC 1

Case No. ...........

IN THE HIGH COURT OF ZIMBABWE HELD AT
In the matter, between
PLAINTIFF
and
284
DEFENDANT

NOTICE OF RENUNCIATION OF AGENCY

PLEASE TAKE NOTICE that on this ........... day of............... 20 , the below mentioned legal
practitioners renounced agency on behalf of the Defendant/ Plaintiff. Take further notice that
the Defendant/Plaintiff’s last known address is
................................................................................................

DATED at.......................... this ..... day of ...................... 20.....

Registrar of the High Court

285
 SECOND SCHEDULE (Rule 109) REPEALED RULES
1. The High Court Rules, 2021, Statutory Instrument 202/2021.
2. The High Court (amendment) Rules, 2024 (2) Statutory Instrument 81/2024.

Supplement to the Zimbabwean Government Gazette dated the ……, 20…...

Printed by the Government Printer, Harare.

286