Neither party need in any pleading allege any matter of fact which the law presumes in his favour or as to which the burden of proof lies upon the other side, unless the same has first been specifically denied, for example, consideration for a bill of exchange, where the plaintiff sues only on the bill, and not for the consideration as a substantive ground of claim. 1. The application of this Order shall extend to plaintiffs and defendants who are minors and to their curators ad litem. 176. (3) A respondent who has failed to file a notice of opposition and opposing affidavit in terms of subrule (1) shall be barred. If the question in dispute is one of law, and the parties are agreed upon the facts, the facts may be admitted and recorded at the trial and the court may give judgment without hearing any evidence. 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 –. If the garnishee disputes his liability, or admits his liability but has good cause for non-payment, the court may order that any issue or question necessary for determining his liability be tried or determined in any manner in which any issue or question in an action may be tried or determined. (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. Admission of whole or part of case of other party, 186. 3. My plaintiff resides in ___(locality) and has time and again brought to notice the irregularity of good quality water supply to the colony which was promised to the residents by the building’s developers.__________________________________(write about the inconvenience caused by the same), I request the concerned authorities to look into the matter as soon as possible and also provide compensation to those affected by this matter. (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. Where the plaintiff desires to meet the allegations in the plea by confession and avoidance he must do so in a replication, and he must raise by his 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. Where application has not been made in terms of rule 262, an application in writing may in special circumstances be filed with the registrar within 12 days of the date of the sentence. (a) such documents in his possession or that of his agent other than the documents mentioned in paragraph (b); (b) such documents in respect of which he has a valid objection to produce; (c) such documents which he or his agent had but has not in his possession at the date of the affidavit. Effect of payment made by or levied upon garnishee, 389. (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 on the following matters –. Defence, request for time. Attachment of property subject to lien, 345. Where a reply to the defendant’s plea is necessary it shall be called the plaintiff’s replication and shall be filed within 12 days of the service of the plea. Certified transcript deemed to be accurate, 437. When the right or obligation to begin lies on the defendant, the order of procedure under the aforegoing rules shall be read as if the defendant were the plaintiff and the plaintiff were the defendant. A court application shall be in Form No. (4) Nothing herein contained shall prejudice the rights of the plaintiff against any defendant to the action. Procedure where no undertaking by debtor to produce property, 338. (a) if such other party is immobile, the amount to be paid to him shall include the cost of his travelling by motor vehicle and, where required, the reasonable cost of a person attending upon him; (b) where such other party will actually lose his salary, wage or other remuneration during the period of his absence from work, he shall in addition to his 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 will actually lose; (c) any amounts paid by a party as aforesaid shall be costs in the cause unless the court otherwise directs. Application for leave to appeal in proceedings described in section 26(1)(c)(ii) and (d) of, . (5) The evidence in the original record shall be paginated from the first to the last page. (3) Where the conflicting claims relate to immovable property the applicant shall place the title deeds thereof, if available to him, in the possession of the registrar when delivering the interpleader notice and shall at the same time hand to the registrar an undertaking to sign all documents necessary to effect transfer of such immovable property in accordance with any order which the court may make or any agreement of the claimants. (a) when he desires to issue a writ of execution against the defendant and before its issue; (b) against payment by the defendant who demands security. Procedure for examination of witness before officer of court, . Action for restitution of conjugal rights, divorce, judicial separation or nullity of marriage: procedure where defendant fails to enter appearance, . Women detained for immoral purposes. The grieved party serves a complaint to the relevant authorities about a matter of concern. [R 348(2) subs by SI of 7; am by SI 80 of 0.]. 25 and these documents shall be filed before trial. 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 –. 30A, to which a copy of the plaintiff’s declaration shall be annexed, in which case the provisions of rule 272 shall not apply to such an action. (1) Service of a summons, writ, warrant or order of court shall be effected by the sheriff or his deputy. (2) Before the issue of any such writ, the plaintiff shall file with his application or, where the writ is to issued by the registrar, shall lodge with the registrar an affidavit sworn to by the plaintiff, or his agent, or his servant, in which shall be set forth all facts which would justify with the judge or the registrar, as the case may be, in issuing or refusing to issue the said writ, and in particular the following –. It notifies the defendant and the court that the complaint has been brought forth to the attention of all concerned parties. 29B with appropriate modifications. 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. Where process instituting proceedings to which this Order 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 section 6 of the State Liabilities Act [Chapter 54]; Nothing in this Order 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. Address for service to be endorsed on summons. (2) 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. (a) suspend, on such terms and conditions as the court thinks fit, 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 thinks appropriate. (a) the parties may consent within 10 days of the filing to such special plea, exception or application being set down for hearing in accordance with subrule (2) of rule 223; (b) failing consent either party may within a further period of four days set the matter down for hearing in accordance with subrule (2) of rule 223; (c) failing such consent and such application, the party pleading specially, excepting or applying, shall within a further period of four days plead over to the merits if he has not already done so and the special plea, exception or application shall not be set down for hearing before the trial. (10) Where no request has been lodged with the sheriff in terms of subrule (1) within 15 days from date on which the highest bidder was declared to be the purchaser in terms of rule 356 or the date of the sale in terms of rule 358, as the case may be, he shall, subject to the proviso to subrule (2), confirm the sale. Taxing officer may refer point to judge in chambers, . The court may give final judgment against a defendant if –, (a) he appears in court and there acknowledges the claim set forth in the summons; or. 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 by affidavit that the debtor has failed in due payment of any such instalment. (2) In the case of a garnishee order against the State for the attachment of salary or wages owed by the State to a judgment debtor, the court application shall be served upon the judgment debtor and the persons specified in paragraph (a) (b) or (c), as the case may be, of subrule (1) of rule 377. (d) shall record the refusal of any party to make an admission or reach agreement, together with the reasons therefor. Deputy sheriff: arrangements for substitute, 454. (ii) the sheriff or his deputy shall have taken possession of the writing or document evidencing the ownership of such property or right, or shall have certified that he has been unable, despite diligent search, to obtain possession of the writing or document; (b) the sheriff or his deputy 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. Order suspended: payment of instalments: failure of debtor to pay: affidavit, 372. Mode of attachment of immovable property, 348A. 409. (2) If such taxed costs are not paid within 12 days of demand the defendant may make a chamber application for judgment for his taxed costs. Subject to this Order, Order 32 shall apply to an application under rule 75 and to any opposition thereto. 179. (2) Whenever a particular day is appointed 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, and that day is not a business day, such term, session or circuit sitting shall commence, and such hearing shall take place, on the next succeeding business day. 103. Notice to produce document referred to in pleadings. 3. Before the trial proceeds the judge may call into his chambers the counsel for the parties with a view to securing agreement on any matters likely to curtail the duration of the trial. A transcript certified in terms of rule 434 shall be deemed to be an accurate record of the proceedings subject to any reservation made in the certificate annexed thereto: Provided that the court may make such order as it deems fit concerning the accuracy of a transcribed record. Judgment in summary summons. Issue of subpoenas in particular circumstances: opinion evidence only on foreign law: refusal to make affidavit in motion proceedings. In cases where the plaintiff’s claim, not being a claim for provisional sentence, is for a debt or liquidated demand only, and the defendant has failed to enter appearance within the period prescribed in the summons for entering appearance, or, having entered appearance, has been duly barred for default of plea, the plaintiff may without notice to the defendant make a chamber application for judgment, and thereupon judgment may be granted or such order may be made as the judge considers the plaintiff is entitled to upon the summons or declaration. . Procedure where sheriff unable to make demand etc. Proceeds of sale in execution: participation and ranking of writs, 332. and the judge or court may allow the application on such terms as to costs and otherwise as he or it, as the case may be, thinks fit. (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. 2 or, in matrimonial causes, in Form No. Legal practitioner for co-defendants: cross-examination: order of addresses, . The notice shall state that the defendant is entitled, if he 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. Please note that where the Defendant is resident outside Zimbabwe, there will be need for the Plaintiff to apply for leave to have the Summons served outside the country. (2) If a party fails to comply with an order made in terms of subrule (1), 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 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 rule 229B. Magistrate a commissioner of court for examining witnesses, 423. Contents and service of application and other documents, 95. Order not to affect liability or non-liability of associates, . In a matrimonial matter, the judge may, in his discretion, hear the case in his chambers or in any other suitable room: Provided that the hearing shall be open to members of the public. Subject to the court’s order on the application, due service of the court application on the garnishee shall bind in his 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 Army, as the case may be, in terms of paragraph (c) of subrule (3) of rule 377A. (2) Subject to this Order, process other than process referred to in subrule (1) may be served upon a person in any of the following ways –. Objection to answer on ground of privilege, 197. Zimbabwe's largest daily newspaper. (3) If he is already in possession of the property, the sheriff may make a chamber application for an order ejecting him or any person claiming to hold under him therefrom. (4) Where an applicant, excipient or respondent is not to be represented at the hearing by a legal practitioner, he may, if he so wishes, file heads of argument, in which event he shall comply with subrule (1) or (2) as the case may be. Preparation of summons. Oath to be taken by person recording evidence, . 174. When leave of court required for issue of process, 20. Consideration of application and submissions by presiding judge, 266. Costs as between third party and other parties, 98. The fact that pleadings are deemed to be closed for the purpose of this Order shall not preclude the defendant from filing any further pleadings within the time limited for the purpose, nor relieve him of the obligation to do so where it is necessary. 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. (a) deposes to an affidavit filed in terms of paragraph (b) of subrule (1); or. and the proceedings shall continue in the same manner, and the same consequences shall follow, as if the associates had been named in the summons or notice commencing the proceedings: Provided that the proceedings shall continue in the name of the association except where a writ of civil imprisonment is sought against an associate, in which event the associate shall be specifically named in the civil imprisonment proceedings. (4) When a party in any pleading denies an allegation of fact in the previous pleading of the opposite party, he shall not do so evasively, but shall answer the point of substance. (3) The copies of the record shall be clearly typed on A4 size double spaced in black record ink and on one side of the paper only. Claim other than for debt or liquidated demand and no appearance entered, 59. (4) On such application the judge may make such order as to the manner of service as to him seems proper and necessary. Tariff of fees allowed to deputy sheriff and related matters, . Admission. (b) file a copy of the written statement with the registrar. (2) The costs of any such necessary letter and of any matters incidental to it, including any necessary conferences with another legal practitioner, shall be allowable on taxation. Any reference in these rules to an advocate or to counsel or to an attorney shall be read and construed as references to a legal practitioner. (1) Unless the court is satisfied, whether the plaintiff has given evidence or not, that the action is frivolous or vexatious, it shall dismiss the application, and the action shall proceed as if no application had been made. (1) Subject to section 21 of the Act and subrule (2), the sheriff or his deputy may by virtue of a writ of execution seize all kinds of movable property, including money and bank-notes. 4 or 5. 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