This document contains instructions for a 1-hour procedural law exam for the University of Zimbabwe Law Faculty. It lists the paper code, examiner, authorized materials, and 8 short answer questions covering topics like when a summons can be amended, the importance of non-disclosure of settlement offers, available remedies for abruptly terminated car rental agreements, and circumstances where documents may be withheld from discovery. The questions range from 1 to 3 marks each, for a total of 20 marks.
This document contains instructions for a 1-hour procedural law exam for the University of Zimbabwe Law Faculty. It lists the paper code, examiner, authorized materials, and 8 short answer questions covering topics like when a summons can be amended, the importance of non-disclosure of settlement offers, available remedies for abruptly terminated car rental agreements, and circumstances where documents may be withheld from discovery. The questions range from 1 to 3 marks each, for a total of 20 marks.
This document contains instructions for a 1-hour procedural law exam for the University of Zimbabwe Law Faculty. It lists the paper code, examiner, authorized materials, and 8 short answer questions covering topics like when a summons can be amended, the importance of non-disclosure of settlement offers, available remedies for abruptly terminated car rental agreements, and circumstances where documents may be withheld from discovery. The questions range from 1 to 3 marks each, for a total of 20 marks.
This document contains instructions for a 1-hour procedural law exam for the University of Zimbabwe Law Faculty. It lists the paper code, examiner, authorized materials, and 8 short answer questions covering topics like when a summons can be amended, the importance of non-disclosure of settlement offers, available remedies for abruptly terminated car rental agreements, and circumstances where documents may be withheld from discovery. The questions range from 1 to 3 marks each, for a total of 20 marks.
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UNIVERSITY OF ZIMBABWE
01 FEBRUARY 2022
Faculty: LAW
Department: PROCEDURAL LAW.
Paper code and Title: LB 206
Duration: 1 Hour
Examiner: Mr. Rodgers Matsikidze.
Authorized Materials: The Constitution of Zimbabwe, Magistrates
Court Act, Customary Law and Local Courts Act and Magistrates Court (Civil) Rules and recommended statute.
INSTRUCTIONS:
1. This paper contains one section.
2. Answer ALL questions 3. Start each question on a new page 4. This question paper comprises three printed pages
NB: DO NOT TURN OVER THE QUESTION PAPER OR
COMMENCE WRITING UNTIL INSTRUCTED TO DO SO. 1. At what stage/s of action procedure can a summons be amended? (1 marks) 2. Explain the importance of non-disclosure of a rejected offer in settlement by a Plaintiff before a magistrate delivers a judgment. (2 marks) 3. All documents filed in the court are supposed to be served by the messenger of court? TRUE/FALSE (1 mark) 4. A client has a dispute arising from customary law and wants you to appear and represent you before a Primary Court. Will you accept the instructions to represent him? Explain your answer (1 marks) 5. List four grounds, which may result in one making an application for review of a local court decision? (2 marks) 6. Musa who has been renting a car from Red Car Rentals has approached you for advice. Her instructions are that Red Car Rental due to high demand for cars for rental by a local NGO has abruptly terminated their agreement contrary to the agreement between the parties, which stipulates two weeks notice. Red Car Rentals simply collected the vehicle from a car garage where she had sent it for a minor service in terms of the agreement. She has no vehicle to use and in two days to come she has to collect her child from a boarding school for a midterm break. a) Advise her the procedural remedies available (2 marks) b) Discuss the most appropriate procedural remedy and why you will advise her not to use other procedural remedies available. Critique each and every procedural remedy that is capable of being used herein. (3 marks) c) What procedural remedy would Red Car Rentals be able to invoke had it been that Musa had: i. Not paid the USD5000 monthly rentals as more fully appearing on an acknowledgment of debt she duly signed and renounced all exceptions benefits? (1 marks) ii. Recklessly damaged the car and is denying it. (1marks) 7. Discuss the circumstances where a party to proceedings may not be compelled to produce certain documents or information at discovery stage? (3 marks) 8. You a newly appointed Magistrate and you have been requested to preside on a Pre-Trial Conference meeting. The parties are unrepresented and have never been at a pre-trial conference. How will you conduct the PTC and what are the key issues the parties ought to discuss at your PTC? (3 marks)