summons sample zimbabwe

Service of written application on Attorney General: written submissions by Attorney General, 265. If on the hearing of an application made under this Order it appears –, (a) that a defendant is entitled to leave to defend and some other defendant is not so entitled; or, (b) that a defendant is entitled to leave to defend as to part of the claim; the court may –, (i) give leave to defend to a defendant so entitled thereto and give judgment against a defendant not so entitled; or. Defendant may be permitted to go at large, . Rights of defendant when provisional sentence granted, 30. Entry of appearance: defendant may still raise objection in law to action, . (4) As soon as possible after service of a court application and the supporting documents, the applicant shall file with the registrar proof of such service in accordance with rule 41. (5) Upon the application of the Minister of Justice, the court or a judge may make all such orders for substituted service or otherwise as may be necessary to give effect to subrule (4). Where the interests of the defendants are the same, the case shall proceed as though the defence were joint and not separate. (2) The provisions of this rule shall not apply to actions for the restitution of conjugal rights, for divorce, for judicial separation or for nullity of marriage. Address for service to be endorsed on summons. (1) Every declaration shall state precisely the relief which the plaintiff claims, either simply or in the alternative, and it shall not be necessary to ask for general or other relief which may always be given as the court may think just to the same extent as if it had been asked for. Service where person to be served prevents service or cannot be found, 42A. (2) Such application shall be accompanied by a draft of the process or document proposed to be issued and shall set out concisely –. (1) The party to whom notice of an application is given shall also, as far as is practicable, apply at the hearing of the application for any directions which he may desire in respect of the matters specified in rule . Opposite party may also apply for directions, 155. (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. Service of Process, Notices and other Documents 10 . (2) As soon as possible after filing an answering affidavit in terms of subrule (1), the applicant shall serve a copy of it upon the respondent and, as soon as possible thereafter, shall file with the registrar proof of such service in accordance with rule 41. Special case to be typewritten, etc. (2) Where the claim if 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 subrules (4) and (5) of rule 13 as may be relevant to the claim. Writ of arrest: form and matters to be stated, 283. Proceedings by or against associations, 8B. (1) The clerk of the inferior court whose proceedings are being brought on review, or the tribunal, board or officer whose proceedings are being brought on review, shall, within 12 days of the date of service of the application for review, lodge with the registrar the original record, together with two typed copies, which copies shall be certified as true and correct copies. (a) eject a judgment debtor from any premises pursuant to a writ of execution; or. Time within which proceedings to be instituted, 260. Form and filing of summons: form of edictal citation, . Court may set aside judgment given by consent, 57. (1) The party required to make discovery shall within 24 days or within the time stated in any order of a judge, make discovery of such documents on affidavit in accordance with Form No. Where in any action a defendant who has entered appearance claims as against any person not already a party to the action (in this Order called the third party) –. E. DECEASED ESTATES, PERSONS UNDER A DISABILITY, MINORS ETC. Preliminary notice of application where State is garnishee, 378. (2) The person desirous of withdrawing any exhibit shall state the capacity in which he makes the request. (1) Whenever any defendant in his plea or in any further plea as in the last rule mentioned, 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 costs incurred to the time of the pleading 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. In the final reply only one legal practitioner shall be heard. (1) An application under section 4 of the Act for a certified copy of the judgment obtained in the court shall be made to a registrar on an affidavit made by the judgment creditor or his 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 Great Britain, and stating to the best of his 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. 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 rules 262 to 268 shall apply to an application for leave to appeal and to an application for condonation as if for the words “Attorney General” there were substituted the word “respondent”, and in addition the following provisions shall apply –. 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. (c) state that the applicant is applying for the court’s decision as to his liability or the validity of the respective claims. (3) Where any ground of defence arises after the defendant has delivered a plea, the defendant may within 12 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. 4. The first date of appearance is also listed in the Summons letter. Criminal trial: oral application after sentence passed, . Instituting and defending proceedings, 397. (a) the registrar shall not accept for filing any pleading or other document from the party barred; and. (1) Where numerous persons have the same interest in any proceedings, the proceedings may be begun, and, unless the court orders otherwise, continued, by or against any one or more of them as representing all or as representing all except one or more of them. Nothing in the preceding rules shall affect the power of the court to deal summarily with a contempt of court committed in its presence without any written charge or notice to the offender. PROCEDURES FOR COMPLETING A STANDARD SUMMONS WRIT The standard summons is the most commonly issued writ. The depositions taken before an officer of the court, or before any other person appointed to take the examination, shall be taken down in writing or in the presence of the examiner. (4) Within the 30 day period referred to in subrule (3), 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. A summon letter and a complaint letter serve different purposes. (b) the plaintiff in the opinion of the court knew that the defendant relied on a contention which would entitle him to unconditional leave to defend. Such consent, setting out that part of documents have been omitted, shall be signed by the parties or their attorneys and filed with the registrar at the time of the filing of the aforesaid copies. Order of procedure where right or obligation to begin lies with defendant, . (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. (b) be supported by one or more affidavits setting out any facts relied on by the person making the request. (e) there are special circumstances which are set out in the application justifying the application. (b) the period during which an order issued in terms of this rule is in force, 349 Delivery to sheriff of documents relating to title. 1 HIGH COURT (CIVIL PROCEDURES) RULES, 2004 (CI 47) ARRANGEMENT OF RULES . (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. (1) 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. (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. Application under Witnesses Compulsory Attendance Act [Chapter 55] – taking evidence: letters of request – service of process, in open court: evidence on affidavit: evidence before a commissioner. Person arrested may anticipate day of appearance, 288. (a) specifies the party’s new address for service, no further service at his former address for service shall be valid; (b) does not specify the party’s new address for service –, (i) service of further process by registered post at the party’s last known address at which post may be delivered shall be valid; or. Charges for witnesses and qualifying expenses, 313. (2) Such purchaser shall be responsible for any loss sustained by reason of his default, which loss may, on the application of any aggrieved creditor whose name appears on the sheriff’s plan of distribution, be recovered from him under judgment of a judge 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. (a) in the case of an action for conjugal rights set the case down for trial without notice to the defendant; (b) in the case of a claim for a final order of divorce, for judicial separation or for nullity of marriage, set the case down for trial but shall serve personal notice of set down upon the defendant, and in such case the court shall not proceed to trial unless it is satisfied that the personal notice of the defendant has been drawn to the fact that the matter has been set down for trial or that for good and sufficient reason the giving of personal notice is impracticable. The UK's minister for Africa says she has summoned Zimbabwe's ambassador to discuss the country's growing crisis and "disturbing reports of use of live ammunition, … Rescue or escape of person out of custody of sheriff or deputy, 457. Appearance entered but defendant barred for default of plea, 60. (1) These rules shall come into operation on the 1st January, 2, and shall have effect in relation to all proceedings in the High Court, including so far as is practicable proceedings pending on that date. The Rules of the High Court contained in the Schedule to the High Court Practice and Procedure Act (Chapter 9 of 9) and the rules specified in the Sixth Schedule are repealed. (2) The certified copy of the judgment shall be an office copy and shall be sealed with the seal of the High Court, and shall be certified by a registrar as follows –, “I certify that the above copy judgment is a true copy of a judgment obtained in the High Court of Zimbabwe, and this copy is issued in accordance with section 4 of the Reciprocal Enforcement of Judgments Act [Chapter 51]. (1) It shall not be necessary to transcribe any record, unless a judge or the registrar, acting under the authority of a judge, so directs. Proceeds of sale in execution: participation and ranking of writs, . 36. (1) A party may, before judgment is given on his original application for directions, make a further chamber application for directions. Omission of exhibits and portions of documents by consent, . 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. (a) where there is no claim in reconvention, when the plaintiff has filed his replication or if a replication is unnecessary, when the plea has been filed; (b) where the defendant has filed a claim in reconvention, when the plaintiff has filed his plea to the claim in reconvention. (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. Keep Copies: Make several copies of your letter along with the defendant’s replies. (2) If the person receiving the notice fails to deliver such objection within the said period of six days, he shall be deemed to have agreed to the examination upon the terms set forth by the person giving the notice. 7. Service of an order or notice for discovery, inspection or production made against a party on his attorney shall be sufficient service, but the party against whom the order was made or to whom notice was given may show that he had had no notice or knowledge of the order. (b) the property was sold for an unreasonably low price. (1) A party may give to any other party who has made discovery of a document, notice in accordance with Form No. But it doesn't have to be, as long as you know how to respond. (1) The sheriff or a deputy sheriff shall not be responsible for the rescue or escape of any person out of his custody on his way to a public prison when such rescue or escape has happened without the default or connivance of such sheriff or deputy. Issue and form of subpoena: number of names which may be included, . The sheriff or his deputy may upon exhibiting the original of such warrant of execution to the pledgee, lessor, lessee, purchaser or seller enter upon the premises where such property is and make an inventory and valuation of the said interest. (1) Whenever it is necessary to serve any process or document whereby proceedings are instituted, on any person within the jurisdiction who cannot be served in any of the ways provided in Order 5, the leave of a judge shall be obtained by application made in terms of Order 32. Plaintiff’s replication: reply to plea: time for filing, 126. 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. The statement of the plaintiff’s claim shall be called his declaration, and it shall state truly and concisely the name and description of the party suing and his place of residence or place of business, and if he sues in a representative capacity, the capacity in which he sues, the name of the defendant and his place of residence or place of business, and if he is sued in a representative capacity, the capacity in which he is sued and the nature, extent and grounds of the cause of action, complaint or demand. Being served with a divorce citation, or summons, often results in hurt and anger. Thereafter the plaintiff’s witnesses shall be called and may be examined, cross-examined and re-examined. Use of answers to interrogatories at trial. Make sure these documents are self-attested. If Costs where notice includes unnecessary facts or documents. Change of party through death, change of status, etc. The sheriff may, if he 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 for his guidance such estimated value, and any party interested may, at his own expense, in like manner furnish the sheriff with an independent valuation of the property. The date of the first court hearing has been set for 8th April 2017. (3) A request in terms of subrule (1) shall –, (a) set out the grounds on which, according to the person making the request, the sale concerned should be set aside; and. (2) The sheriff shall be entitled to tax any disbursements made to or liability incurred with a deputy sheriff by a legal practitioner or party to any action or proceeding 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. Home | Terms & Conditions | Privacy Statement | Publishing Services | Contact Us | Sitemap. (4) A judge may, on chamber application being made to him within 15 days after the service of a notice in terms of subrule (2) or (3), set aside or vary any joinder or substitution of a party effected in terms of subrule (2) or (3), as the case may be. (1) Whenever a summons has been issued in Zimbabwe or Malawi directing any person to appear before a court of the State in which the summons was issued to answer a charge or complaint of having committed an offence in respect of which such court has jurisdiction, the summons may be served on that person in Zambia in such manner and by Any process for service may be transmitted by telegraph or telefacsimile, and a telegraphic or telefacsimile copy that is served in any of the ways prescribed in this Order shall be of the same effect as if the original had been so served. (4) Nothing herein contained shall prejudice the rights of the plaintiff against any defendant to the action. Register of judgments ordered to be registered, . (2) Where the respondent has filed a notice of opposition and an opposing affidavit and the applicant has filed any answering affidavit he may wish to file, the applicant may set the matter down for hearing in terms of rule 223. The court may grant judgment or make an order under rule 58, 59 or 59A without hearing any evidence, except in actions where the claim is for damages in which case evidence as to quantum only need be adduced: Provided that, in such actions for damages, if, not later than 10 o’clock in the morning –. (1) 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 prescribed 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 subrule (1) of rule 223, and thereupon, subject to rule 60, the court may grant judgment or make such order as it considers the plaintiff is entitled to upon the summons or declaration. (1) Where service of any process has been effected by –. (b) the registrar of Deeds or officer charged with the registration of such property. The public auction shall be held in the presence of a commissioner appointed by the sheriff, who shall certify to the sheriff, if such is the case, that the public auction was duly and properly conducted. (2) All pleadings, process and documents filed of record by a party proceeding in forma pauperis shall be headed accordingly. Powers of court on hearing application, 96. (a) the estate of a person alleged to be prodigal or under any disability, mental or otherwise; or. Refusal of person to attend for examination, etc. (1) In the case of any application in connection with –. Such notice shall not, save with the leave of a judge, be given before the close of pleadings. and the amendment shall be made within such period as may be specified in the order or, if no period is so specified, within 12 days after the making of the order. (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. (3) Where an order or provisional order has been issued under rule 348A in regard to the sale of a dwelling as defined in that rule, the writ of execution may be withdrawn under subrule (1) at any time while the order or provisional order, as the case may be, remains in force. Party proceeding in forma pauperis shall be made by the sheriff or his shall! And service of the State in his official capacity made in terms of (. On account of costs, 352 appoint person as a commissioner of the copies of the court require! 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