Chapter 7:06

High Court Rules, 2021

Statutory Instrument 202 of 2021
Gazetted on 23rd July, 2021.
[Editor’s Note: The following Rules appear to display incorrect cross-references:-

Rule 53(7).
Rule 59(5), (8), and (11).
Rule 68(5).
Rule 96(10).
Rule 16(2) refers to a non-existent Seventh Schedule.

The editor will appreciate notification to jlewis@optimalegal.online of any more requiring attention.]

ARRANGEMENT OF RULES
Rule
IT is hereby notified that the Chief Justice and the Judge President, after consultation with the
committee appointed by the Chief Justice and with the approval of the Minister have, in terms
of section 56 of the High Court Act [Chapter 7:06], made the following Rules:—

PART I
GENERAL PROVISIONS
Title
1 
These rules may be cited as the High Court Rules, 2021.
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;
“chamber application” means an application to a judge other than a judge sitting in open court;
“court” means the High Court and any other court which 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 court;
“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 out buildings associated with such a building;
“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;
“Judge” means a judge of court sitting otherwise than in open court;
“legal practitioner” means a legal practitioner registered in terms of the Legal Practitioners Act
[Chapter 27:07];
“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.
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.
[See High Court Calendar 2022 GN 2932A/2021 – Editor.]

(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, and that 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 
The offices of the registrar at any station of the court shall be open from 0800 to 1300 and from 1400
to 1600 hours for the purpose of transacting business on each court day:
Provided that, the registrar shall, in exceptional circumstances, issue process and accept documents
at any time and on any day when directed by a judge.
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.
[These are published in editable Format – Editor.]

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.
 [see the Interpretation Act Chapter 1:01 section 33 - Editor]

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
—
[Except with any cavalier approach to the correct use of forms Zimbabwe Open University v Dr.O Mazombwe 09-
HH-043.]

(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;
[Pasalk K & Pasalk E v Kuzora A Madondo C & the Master 03-SC-005
amending a Writ of Execution Pandhari Lodge (Pvt) Ltd & Ors v CABS & Deputy Sheriff 14-HH-720
-Invoke the in duplum rule - Micro Plan Financial Svcs (Pvt) Ltd v Chesets Trading (Pvt) Ltd & Ors 15-HH-513
condoning applicant’s failure to adhere strictly to the requirements of Forms Josam Enterprises (Pvt) Ltd v
Svenhe & Anor 15-HH-714
-suing the President without prior leave obtained Tsvangirai NO v Mugabe NO & Ors 12-HH-273
and Zibani. R.T v JSC, President Mugabe, Chief Justice & Ors 16-HH-797
President of Zimbabwe & 11 Ors v Tsvangirai.M.R 17-SC-021
Veritas v Z.E.C., Min. of Justice & Attorney General 18-HH-353
Deceased died 22 years before - the applicant had wrongly applied the law - Chikaka. N.O. v Mukarati. M & 5
Ors 19-HH-150]

(b)    give such directions as to procedure in respect of any matter not expressly provided for in these
rules as appears to it or him or her, to be just and expedient.
[Mwayera F v Chivizhe, Registrar of Deeds and Jonga G 16-SC-016
Lake Harvest Aquaculture (Pvt)(Ltd) v Revesai T 17-HH-242
F. M. Katsande & Partners Legal Practitioners v Mydal Int Marketing (Pvt) Ltd & Anor 17-HH-225
Nu.Com (Pvt) Ltd & Ors v Nu Aero (Pvt) Ltd & 2 Ors 17-HH-514]

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 any 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.
[Not at the last minute - Makari C v Dende G 17-HH-236.]

(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 and whereupon he or she shall forthwith give notice to the
registrar and all other parties of the termination and if he has appointed a further 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 the 10 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 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.
(5)    A legal practitioner acting in any proceedings for a party may renounce his or her agency by
giving reasonable notice to the party, the registrar and all other parties in the proceedings:
Provided that the notice to the party for whom he or she acted may be given by registered post or by
email.
(6)    Where a notice given in terms of subrule 6—
(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.
(7)    Only legal practitioners shall be given audience in the court for purposes of this rule.
Friend of court
10 
(1)    Any person raising a constitutional issue in an application or action shall give notice thereof to
the registrar at the time of filing the application or pleading.
(2)    Such notice shall contain a clear and succinct description of the constitutional issue concerned.
(3)    The registrar shall, upon receipt of such notice, forthwith place it on a notice board designated
for that purpose duly stamped by the registrar to indicate the date upon which it was placed on the
notice board where it shall remain for a period of 15 days.
(4)    Subject to the provisions of an Act of Parliament enacted in terms of section 171(2) of the
Constitution 2013 and these rules, any interested party in a matter raised in proceedings before a
court may, apply to a judge to be a friend of the court.
(5)    An application in terms of subrule (4) shall—
(a)    briefly describe the interest of the friend of the court in the proceedings;
(b)    clearly and succinctly set out the submissions which will be advanced by the friend of the court,
the relevance thereof to the proceedings and the reasons for believing that the submissions will assist
the court and are different from those of the other parties; and
(c)    be served upon all parties to the proceedings.
(6)    Any party wishing to oppose an application for admission by a friend of the court shall file an
opposing affidavit within 2 days of the service of such application upon the party.
(7)    The opposing affidavit shall set out in clear and succinct terms the grounds of such opposition.
(8)    The court hearing an application for admission as a friend of the court may refuse or grant the
application upon such terms and conditions it deems fit.
(9)    The court may dispense with any of the requirements of this rule if it is in the interests of justice
to do so.

PART II
ISSUING AND SERVICE OF PROCESS
Proceedings by or against firms and associations
11 
(1)    In this rule—
“associate” in relation to—
(a)    a trust, means a trustee;
[Names of Trustees must be cited in litigation Veritas v Z.E.C., Min. of Justice & Attorney General 18-HH-353.]

(b)    an association other than a trust, means a member of the association;

[Musemwa & Ors v Gwinyai Family Trust & Ors 16-HH-136.]

“association” means any unincorporated body of persons, and includes a partnership, a syndicate, a
club or any other association of persons;
[Includes a trust Nyanga W v Zimbabwe Housing Projects Trust 18-HH-024
Pomelo Mining (Pvt) Ltd v Annandale Trust & Chinake N.O. 19-HH-033.]

“firm” means a business including a business carried on by a body corporate, carried on by the sole
proprietor under a name other than his or her own;
[Trots Investments (Pvt) Ltd & Another v Mambiro Fibre (Pvt) Ltd 15-HB-130
Fiirinne Trust t/a Veritas v ZEC, Min. Justice and Attorney General 20-SC-103.]

“plaintiff” and “defendant” include applicant and respondent;

“sue” and “sued” are used in relation to actions and applications;
“summons” includes a combined summons.
(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.
[A Trust is sued in its own name, not naming each trustee -Patel & Meadows (Pvt) Ltd v Cosmo Trust, Vitoria &
Ors; COH, EMA & Or 21-SC-163]

(4)    Subrule (3) shall apply with the necessary changes to a plaintiff suing a firm.
(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 5 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, subject to section 49(2) of the Constitution 2013, 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.
[Mother’s Union of a Church The Paget-Pax Endowment Trust v Highlife Investments (Pvt) Ltd 15-HH-518
Musemwa & Ors v Gwinyai Family Trust & Ors 16-HH-136
Sheriff of Zimbabwe & Anor v Interfin Banking Corp Ltd 16-HH-781
Trustees of the Mukono Family Trust & Anor v Karpeg Investments (Pvt) Ltd & 6 Ors 18-HH-030
Umguza Community Share Ownership Trust v Mpofu. O & 13 Ors 18-HB-124
Trustees must be cited in litigation Veritas v Z.E.C., Min. of Justice & Attorney General 18-HH-353
Pomelo Mining (Pvt) Ltd v Annandale Trust & Chinake N.O. 19-HH-033]
(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.
[Zaranyika.P v The Master of High Court & Ors 19-HH-526]

(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.
[Trustees, Leonard Cheshire Homes Zimbabwe v Chiite & Ors 15-SC-024
Firinne Trust t/a Veritas v ZEC, Min. Justice and Attorney General 20-SC-103]

(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.
(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.
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.
[Refer to Part II of the High Court (Commercial Division) Rules, 2020 SI 123/2020 if the dispute is commercial
in nature – Editor.]

(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:
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.
(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;
[Chimimba S v First Capital Bank Ltd 22-HH-262]

and
(e)    the date of issue.
(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.
(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.
[Kotze.J.F v Parham.W & Credfin (Pvt) Ltd 15-HH-733
Tel-One (Pvt) Ltd v Capital Insurance Brokers (Pvt) Ltd 16-HH-026
Zimplow Holdings Ltd v Senoj Investments (Pvt) Ltd 16-HH-761]

(8)    Where such particulars are drawn and signed by a legal practitioner, the taxing officer may, at
his or her discretion, allow a fee therefor.
(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 client; 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.
(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.
(12)    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.
 [*‘foolscap’ is no longer obtainable – compare Order 36(1)(a) A4 size is ordered.
Misspelling of Party’s name not fatal Radar Investments (Pvt) Ltd v Cemzy Enterprises (Pvt) Ltd 20-HB-104.]

(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 10 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 facsimile
address and electronic mail address, shall be endorsed.
(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 10 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.
(20)    The time within which the defendant shall be required to enter appearance to defend shall be
10 days excluding the day of service, every public holiday, Saturday and Sunday.
(21)    No summons or other civil process of the court may be sued out against the President or any of
the judges of the High Court without the leave of the court granted on court application being made for
that purpose.
(22)    Every summons, including those issued from a district registry, shall be made returnable to the
court at Harare or Bulawayo or Masvingo or 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
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.
[Chimimba S v First Capital Bank Ltd 22-HH-262]

(2)    Every declaration shall state precisely the relief which the plaintiff claims, either simply or in the
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.
(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.
(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
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.
[Hepker M v Woncon Investment (Pvt) Ltd & Ors 16-HH-019
Steward Bank Ltd v Calendfab Svcs ( Pvt) Ltd & 3 Ors 17-HH-142]

(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.
(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.
(4)    Copies of all documents upon which the claim is founded shall be annexed to the summons and
served with it.
(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 not being
a day assigned for unopposed matters and shall be disposed of as expeditiously as possible having
regard to the nature of the remedy of provisional sentence.
(7)    Prior to the date stated in the summons for appearance to answer the plaintiff’s claim, the
defendant may 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.
(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.
(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.
(11)    A defendant entitled to and wishing to defend the principal case, shall, within 1 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 within10 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.
(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.
(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.
(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 5 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
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.
(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.
(4)    Service of a summons, all notices of set down, writ, warrant or court order shall be effected by
the sheriff:
Provided that the court or a judge may, in deserving cases authorise service of a notice of set down,
or court order to be effected by a party or his or her representative.
(5)    Service of any process, other than a summons, notice of set down, writ, warrant or order of
court, may be effected by the sheriff or by the party concerned or his or her legal practitioner or agent.
(6)    Any party who requires the sheriff to serve any process shall deliver to him or her a copy of the
process together with as many copies as there are persons to be served.
(7)    Service of process shall be effected as near as possible between the hours of 0700 and 2100 on
any day which is not a Sunday except for process for the arrest of any person and process served
by post, telegraph, facsimile, email, or courier which shall be validly served at any time.
(8)    At any time of filing an appeal, application or pre-trial conference request, as the case may be, a
party shall deposit with the sheriff an amount as determined by the sheriff for costs of service of all
notices of set down.
(9)    A copy of the receipt of such deposit shall be furnished to the registrar by the party within five (5)
days of filing the appeal, application or pre-trial conference request, failing which the appeal,
application or pre-trial conference request, shall be regarded as abandoned and, in the event of an
appeal or application, shall be deemed to have been dismissed.
(10)    When a matter is ready for set down, the registrar shall submit the notice of set down to the
sheriff for service to be effected.
(11)    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.
(12)    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.
(13)    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 that 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 that person, who shall be apparently in charge of the premises at the time of delivery
being a person apparently not less than 16 years of age and for the purposes of this paragraph
where a building, other than an hotel, boarding house, hostel or similar residential building, is
occupied by more than one person or family,
‘residence’ or ‘place of business’ means that portion of the building occupied by the person upon
whom service is to be effected;
(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;
(h)    where 2 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;
(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.
(14)    No service of any civil summons, order or notice and proceedings or act required in any civil
action, except the issue of a warrant of arrest, shall be validly effected on a Sunday unless the court
or a judge directs otherwise.
(15)    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.
(16)    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;
(17)    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.
(18)    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.
(19)    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.
(20)    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.
(21)    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.
(22)    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.
(23)    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).
(24)    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.
(25)    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.
(26)    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.
(27)    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
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.
(2)    Where a person mentioned in the first column of the *Seventh Schedule is the defendant or
respondent in any proceedings to which this rule applies—
[There is no *7th Schedule- Editor.]

(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 *Seventh 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.
(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].
(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
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 application to the court or a judge setting out
concisely—
[Munyikwa L v Jiri L 15-HH-338
Nu.Com (Pvt) Ltd & Ors v Nu Aero (Pvt) Ltd & 2 Ors 17-HH-514]

(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)    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.
(4)    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.
(5)    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.
(6)    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 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.
[See Takuva J in Afrigrain Trading Ltd v Zameer Civils (Pvt) Ltd and Chigwedere HC 8340/13, where service of
an Ex.p. Urgent Chamber Application was ordered by e-mail sent by Applicant’s Practitioners to the 2nd
Respondent’s known address where their correspondent lawyers in Zambia were unable to find the 2nd
respondent, and Proof of service was ordered by way of printing the automated email(s) sent, as well as the
relevant mail successful delivery notification(s) automatically generated by the two servers –Editor]

Service of summons or application in Republic of South Africa, Namibia, Lesotho, Swaziland 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, Swaziland 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.
[Munyikwa L v Jiri L 15-HH-338]

(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
and any other station where the High Court is situated, a book called an appearance book.
[Refer to rule 10 of the High Court (Commercial Division) Rules, SI 123/2020 for appearance books elsewhere for
defending Commercial cases instituted – Editor.]

(2)    Subject to the provisions of the Act or any other law, the defendant in every civil action shall be
allowed 10 days 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.
(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 10 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.
(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.
(6)    Within 7 days of the entry of appearance to defend written notice thereof shall be *served on
the plaintiff or on his or her legal practitioner where the plaintiff sues by a legal practitioner, at the
plaintiff’s address for service failing which the defendant shall be barred and such notice shall be in
Form No. 7.
[Failure to state the date on which Summons was served , or to serve the Notice on Plaintiff does not warrant a
timeous Notice of appearance being expunged from the record.
Pinelong Investments (Pvt) Ltd v Vallance T & Anor 09-HH-132
Exor Holdings (Pvt)(Ltd) v Mubvumbi R.C 16-HH-447]

(7)    A defendant who has failed to enter appearance shall be barred.

[Beitbridge Rural District Council v Russell Construction Co (Pvt) Ltd 98-SC-129]

(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 12 days of demand the defendant may make a
chamber application for judgment for his or her taxed costs.

PART III
JUDGMENT
Judgment by consent
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.
[Georgias & Anor v Standard Chartered Finance Zimbabwe Ltd 98-SC-183]

(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.
(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 bared 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.
(3)    The provisions of this rule shall not apply to actions for divorce, judicial separation or nullity of
marriage.
Party in default at trial
24 
(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.
[Refer to rule 51 of the High Court (Commercial Division) Rules, SI 123/2020 for appearances in Commercial
cases– editor]

(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.
(3)    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.
(4)    This rule shall not apply to actions for divorce, judicial separation or nullity of marriage.
When court may enter judgment without hearing evidence
25 
(1)    The court may grant judgment or make an order under rule 22, 23 or 24 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 10 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;
(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 shall be served upon the defendant as soon as
reasonably possible after it has been granted even where the plaintiff does not execute it.
Dismissal of action where plaintiff is barred
26 
Where the plaintiff has been duly barred from declaring or making a claim 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
27 
(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 1 month after he has had knowledge of
the judgment for the judgment to be set aside, and thereafter the rules of court relating to the filing of
opposition, heads of argument and the set down of opposed matters, if opposed, shall apply.
[Barbosa de SA v Barbosa de SA 16-SC-034
Fichani G P v Pfister C.N. and Sheriff for the High Court 16-HH-424
National Foods Ltd v Ngwaru G & 2 Ors 16-HH-213
-cannot affect a party who did not apply for rescission of the judgment.Tigere. M & Tsanganyidzo. B. v NICOZ
Insurance Co & Jiva A 17-HH-066]

(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, on such terms as to costs and otherwise as the court
considers just.
[Beitbridge Rural District Council v Russell Construction Co (Pvt) Ltd 98-SC-129
Viking Woodwork [Pvt] Ltd v Blue Bells Enterprises [Pvt] Ltd 98-SC-138
Smethwick Trading (Pvt) Ltd v Mangwende S & Rome Furniture [Pvt] Ltd 14-HH-603
Cranswick.A.N v Bonyongwe.H 15-HH-184
Mvurwi Town Council v ZINWA 16-HH-453
Old Mutual Property Investment (Pvt) Ltd v Mogola Enterprises (Pvt) Ltd 17-HH-240
Advocate diarized wrong time for Court Fidelity Life Financial Svcs & Anor v Champion Constructors & Sheriff &
Or 17-HH-249]

Setting aside of default judgment by consent

28 
(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.
[Refer to rule 51 of the High Court (Commercial Division) Rules, SI 123/2020 for defaulting in Commercial cases–
Editor.
Ramvali Trust's Trustees v UDC Ltd & Ors 98-SC-010
Railings Enterprises (Pvt) Ltd v Luwo D & R & Dowood Svcs 20-HB-133]

(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
29 
(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—
[Nyamhuka J v Hove E & Mapingure A 14-HH-425
appropriate remedy in Derdale Investments (Pvt) Ltd v Econet Wireless (Pvt) Ltd & Ors 14-HH-656 para 8
Payment of damages before multi-currency adopted Makoni.R v Cold Chain (Pvt Ltd t/a Sea Harvest 15-HH-197
Barbosa de SA v Barbosa de SA 16-SC-034
The court has no inherent discretion to rescind its judgment under the common law beyond the parameters upon
which restitutio in integrum would be granted. Masomera N.O. v Hwemende.G, Honey and Blanckenberg & 8 Ors
16-HH-665 – on appeal 21-SC-006]
[an order or judgment erroneously sought or erroneously granted in the absence of any party affected thereby;
-misjoinder does not qualify for correction Tiriboyi R v Jani A.N & Mkwakwami S.K 04-HH-117
Capital Brake Co (Pvt) Ltd & Benatar R v Benatar C 16-HH-034
Milton Gardens Association & Or v Mvembe T & 3 Ors 16-HH-094
an interested party not having been advised Mutasa G & Mutasa D v Nyakutombwa & Mugabe & Sheriff 17-HH-
145
Muvungani. C v Newham Financial Services (Pvt) Ltd & Ors 17-HH-057
Unitrack (Pvt) Ltd v Telone (Pvt) Ltd 18-SC-010
Wedzera Petroleum (Pvt) Ltd and 6 Ors v Metropolitan Bank of Zimbabwe 19-HH-025
Zuze. E v Trustees of Bongayi Mlambo & Marimudza J 19-SC-069
- no need to establish good cause Breckridge Investments (Pvt) Ltd v Riozim Limited & Ors 21-HH-019]

or
(a)    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;
[Omitted mechanism for enforcement Ncube L v Ncube M 14-HB-013
lack of clarity on question of costs on the higher scale Mpansi.F & Ors v Dube.M, Master & Or 15-SC-019
Hopcik Investments (Pvt) Ltd v Minister of Environment Water and Climate & Anor 16-HH-336
does not allow one judge to sit as an appeal court Masamba I v JSC Secretary 17-HH-097
Triangle Ltd v Mukanya K & 6 Others 17-HH-105
failure to disclose the plea in abatement Maphosa.P & Anor v Champion Insurance & Sheriff 19-HH-096
cannot turn the clear order into one which is ambiguous Premium Ppty Development & Anor v Registrar of Deeds
& Sheriff 20-HH-343
-condonation required after 5 years Chevhu Housing Co-Operative Soc Ltd & 8 Ors v Crest Breeders Int (Pvt) Ltd
& Min.of Lands 21-SC-019
]

or
(b)    an order or judgment granted as a result of a mistake common to the parties.
[Attorney-General v Masasi J 04-HH-077
City of Bulawayo v Megalithic Marketing (Pvt)(Ltd) 17-HB-041]

(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 1 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.
[Base Minerals Zimbabwe (Pvt) Ltd & Valentine P v Chiroswa Minerals (Pvt) Ltd & Ors 16-HH-021
The rule does not set time frames within which rescission should be sought, but it is required that an application
be made expeditiously. Milton Gardens Assn & Anor v Mvembe.T & 3 Ors 16-HH-094
failure to serve application constitutes an affront to the Rules of Court Kwaramba E.v Real Estate Sense (Pvt) Ltd
& Sheriff 17-HH-628
Dhlamini. C & 8 Ors v Ncube. H & 2 Ors 18-HB-011]

Summary judgment
30 
(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.
[Scropton Trading (Pvt) Ltd v Khumalo 98-SC-155
premature applications to Court by objecting ratepayer will fail-James.B.L v City of Mutare & Ors 15-HH-280]

(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.
[African Banking Corp of Zimbabwe (Ltd) v PWC Motors (Pvt) Ltd & Ors 13-HH-123
Ndhlovu.L & Ndhlovu.C v Haruperi.S 15-HH-136]
[Shamuyarira K v Goredema D & Others 17-HH-339]
(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.
[Failure to attach to founding Affidavit Savanna Tobacco Co v AL Shams Global Ltd & Interfin Banking Corp Ltd
18-SC-025
Takawira. A v ZISCO 18-HB-042]

(4)    The rules relating to the form and service of the application and any opposition to it shall apply.
(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.
[Hales v Doverick Investments (Pvt) Ltd 98-HB-061
Matindike A v Duffy Mitchelle Property Investments (Pvt) Ltd t/a K. M. Auctions & Sheriff 15-HH-215
Svova and Others v NSSA 16-SC-010]

(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.
(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:
[Whether there is any issue that should be permitted to go to trial ?? Stanbic Bank Ltd v Vegra Merchants (Pvt)
Ltd 17-HH-630
Savanna Tobacco Co v AL Shams Global Ltd & Interfin Banking Corp Ltd 18-SC-025]

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—
[Matindike A v Duffy Mitchelle Property Investments (Pvt) Ltd t/a K. M. Auctions & Sheriff 15-HH-215]

(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.
(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.
(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).
(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.
(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.
(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
31 
(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 and whereupon the court may—
(a)    grant the application in which event it shall dismiss the action and enter judgment of absolution
from the instance; or
(b)    dismiss the application in which event the action shall proceed as if no application was made;
and
(c)    make such order as to costs as it considers necessary 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 and judgment of absolution from the instance 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 1 month of the filing of such
plea, taken any further step to prosecute the action, the defendant may, on notice to the applicant,
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 or dismiss it and make such order as to costs as
it considers necessary in the circumstances.
(4)    Subject to this rule, the rules relating to the filing of court applications, shall apply to an
application under this rule and to any opposition thereto.
Joinder of parties and causes of action
32 
(1)    Subject to subrule (4) any number of persons, each of whom has a claim, whether jointly, jointly
and severally, separately or in the alternative, may join as plaintiffs in one action against the same
defendant or defendants whether in convention or in reconvention where—
(a)    if separate actions 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; and
(b)    all rights to relief claimed in the action, whether they are joint, several or alternative, are in
respect of or arise out of the same transaction or series of transactions.
[ZETDC v Bindura RDC & 59 other RDCs 15-HH-102
MBCA Bank Ltd v RBZ & Portland Holdings 15-HH-482
ZLHR v Mugabe R,JSC, Goba R & Min.Justice 17-HH-788]

(2)    A plaintiff may join several causes of action in the same action.
(3)    In any action in which any causes of action or parties have been joined in accordance with this
rule, the court at the conclusion of the trial shall—
(a)    give such judgment in favour of such of the parties as shall be entitled to relief; or
(b)    grant absolution from the instance in respect of any of the parties where such is the appropriate
decision; and
(c)    make such order as to costs as it shall deem fit:
Provided that, without limiting the discretion of the court in any way, the court may order that any
plaintiff who is unsuccessful shall be liable to any other party, whether plaintiff or defendant, for any
costs occasioned by his or her joining in the action as plaintiff.
(4)    If judgment is given in favour of any defendant or if any defendant is absolved from the instance,
the court may order—
(a)    the plaintiff to pay the defendant’s costs; or
(b)    the unsuccessful defendants to pay the costs of the successful defendant jointly and severally,
the one paying the other to be absolved; and
(c)    that if one of the unsuccessful defendants pays more than his or her proportional rate share of
the costs of the successful defendant, he shall be entitled to recover from the other unsuccessful
defendants the proportional rate share of such excess; and
(d)    that if the successful defendant is unable to recover the whole or any part of his or her costs
from the unsuccessful defendants, he or she shall be entitled to recover from the plaintiff such part of
his or her costs as cannot be recovered from the unsuccessful defendants.
(5)    If judgment is given in favour of the plaintiff against more than one of the defendants, the court
may order—
(a)    those defendants against whom it gives judgment to pay the plaintiffs costs jointly and severally,
the one paying the other to be absolved; and
(b)    that if one of the unsuccessful defendants pays more than his or her proportional rate share of
the costs of the plaintiff he or she shall be entitled to recover from the other unsuccessful defendants
their proportional rate share of such excess.
(6)    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 struck out or to be
tried separately; or
(c)    make such order as may appear expedient.
(7)    No proceedings shall terminate solely as a result of the death, marriage or other change of
status of any person, unless the proceedings are thereby extinguished.
[Applies to juristic persons Zimbabwe Allied Bank Ltd v Dengu.C & Nyabanda W. 15-HH-583 – reversed on
appeal
Allied Bank Ltd v Dengu C & Nyabonda W 16-SC-952]

(8)    If, as a result of an event referred to in subrule (7), it is necessary or desirable to join or

substitute a person as a party to any proceedings, any party to the proceedings may, by notice served
on that person and all other parties and filed with the registrar, join or substitute that person as a party
to the proceedings, and thereupon, subject to subrule (10), the proceedings shall continue with the
person so joined or substituted, as the case may be, as if he or she had been a party from their
commencement:
Provided that—
(i)    except with the leave of the court, no such notice shall be given after the commencement of the
hearing of any opposed matter;
(ii)    the copy of the notice filed on the person to be joined or substituted shall be accompanied by
copies of all documents previously filed or served in the proceedings.
(9)    Where a party to any proceedings dies or ceases to be capable of acting as such, his or her
executor, curator, trustee or other legal representative may, by notice filed with the registrar and
served on all other parties to the proceedings, state that he wishes to be substituted for that party, and
thereupon, subject to subrule (10), he or she shall be deemed to have been so substituted in his or
her capacity as curator, trustee, or legal representative, as the case may be.
(10)    A judge may, on chamber application being made to him or her within 15 days after service of
notice in terms of subrule (8) or (9), set aside or vary any joinder or substitution of a party effected in
terms of subrules (8) or (9) as the case may be.
(11)    No cause or matter shall be defeated by reason of the misjoinder or non-joinder of any party
and the court may in any cause or matter determine the issues or questions in dispute so far as they
affect the rights and interests of the persons who are parties to the cause or matter.
[ZELA & Ors v Anjin Investments (Pvt) Ltd & Ors 15-HH-523
Mis-joinder does not operate as a defence W & D Consultants (Pvt) Ltd v Doran.S.T.N 15-HH-551
Bulgargeomin Ltd v Govt of Bulgaria, Registrar of Deeds & Sheriff 15-HH-732
Exor Holdings (Pvt)(Ltd) v Mubvumbi R.C 16-HH-447
No need to join Arbitral forum in applications CZI v Mbatha.R.M 15-HH-125
Chimeri. A v Nguluve.N 17-HH-006
Madzima.C.v Mate.D. 17-HH-086
Mashonganyika.F v Smith.G N.O & 3 Ors 18-HH-605
enjoins the court to resolve issues as between the parties that are before it -ZUPCO v Packhorse Services (Pvt)
Ltd 19-HH-037
Ilasha Mining (Pvt) Ltd v Viking Hardware Distributors 18-HB-003
Chombo. I. v NPA, PG and AG of Zimbabwe 19-HH-144
Muteweye. W & S v Sheriff, Registrar of Deeds & Ors 19-HH-568
Gold Driven Tobacco (Pvt) Ltd v Maxiafrica Manufacturing (Pvt) Ltd 20-HH-050
owners suffering the demolition of their structures. ZCRRA & Ors v City of Harare, EMA, ZESA, ZINWA & Ors 20-
HH-294
Davies. B v Ambrose. F 20-HB-050]
 [Kika M. v Minister of Justice, Chief Justice, 15 Judges and JSC 21-HH-264]

(12)    At any stage of the proceedings in any cause or matter the court may on such terms as it thinks
just and either on its own initiative or on application—
[ZETDC v Bindura RDC & 59 other RDCs 15-HH-102
does not empower a Court or a plaintiff to add a defendant to an action without his or her consent Svondo. R. M
v Shadwell. K. J & Ors 18-HB-142]

(a)    order any person who has been improperly or unnecessarily made a party or who has for any
reason ceased to be a proper or necessary party, to cease to be a party;
(b)    order any person who ought to have been joined as a party or whose presence before the court
is necessary to ensure that all matters in dispute in the cause or matter may be effectually and
completely determined and adjudicated upon, to be added as a party:
Provided that no person shall be added as a plaintiff without his or her signed written consent or in
such other manner as may be authorised.
(13)    A court application by any person for an order under subrule (12) adding him or her as a
defendant shall, except with the leave of the court, be supported by an affidavit showing his or her
interest in the matters in dispute in the cause or matter.
[Least Supplies (Pvt) Ltd v TIB Insurance Brokers & Heritage Ins Coy 15-HB-009
Lufeli. P v Jockstar Investments (Pvt) Ltd 19-HH-165]

(14)    Where the court makes an order for joinder, the summons by which the action in question was
begun shall be amended accordingly and shall be endorsed with—
(a)    a reference to the order in pursuance of which the amendment is made; and
(b)    the date on which the amendment is made;
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.
(15)    Where the court has made an order that a person is to be made a defendant, the rules as to
service of a summons shall apply accordingly to service of the amended summons on him or her, but
before serving the summons on him or her the person on his or her application the order was made
shall procure the order to be noted in the registry.
(16)    Where the court makes an order that a person is to be made a defendant, the rules as to entry
of appearance to defend shall apply accordingly to entry of appearance by him or her.
(17)    Where the court makes an order that a person is to be added as a party or is to be made a
party, that person shall not become a party until the summons has been amended in relation to him or
her under this rule and, if he or she is a defendant, has been served on him or her.
(18)    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 anyone or more of them as
representing all or as representing all except 1 or more of them.
(19)    At any stage of proceedings under this rule, the court may on the application of the plaintiff, and
on such terms, if any, as it considers fit, appoint any one or more of the defendants or other persons
as representing whom the defendants are sued, to represent all, or all except one or more, of those
persons in the proceedings and where, in the exercise of its power, the court appoints a person not
named as a defendant, it shall make an order adding that person as a defendant.
(20)    A judgment or order given in proceedings under this rule shall be binding on all the persons as
representing whom the plaintiffs sue or, as the case may be, the defendants are sued, but shall not be
enforced against any person not a party to the proceedings, except with the leave of the court.
(21)    An application for the grant of leave under subrule (20) shall be made by way of a court
application which shall be served personally on the person against whom it is sought to be enforced.
(22)    Notwithstanding that a judgment or order to which such application relates is binding on the
person against whom the application is made, that person may dispute liability to have the judgment
or order enforced against him or her on the ground that by reason of the facts and matters particular
to his or her case he is entitled to be exempted from such liability.
(23)    The court hearing an application for the grant of leave under subrule (20) may order the
question whether the judgment or order is enforceable against the person against whom the
application is made to be tried and determined in any manner in which any issue or question in an
action may be tried and determined.
(24)    Any proceedings may be brought by or against trustees, liquidators, executors or administrators
in their capacity as such without joining any of the persons having a beneficial interest in the trust or
estate, as the case may be, and any judgment or order given or made in those proceedings shall be
binding on those persons unless the court in the same or other proceedings otherwise orders on the
ground that the trustees, liquidators, executors or administrators, as the case may be, could not or did
not in fact represent the interests of those persons in the first-mentioned proceedings.
(25)    Any person entitled to join as a plaintiff or liable to be joined as a defendant in any action may,
on notice to all parties, at any stage of the proceedings apply for leave to intervene as a plaintiff or as
a defendant and the court may, upon such application, make such order, including any order as to
costs, and give such directions as to further procedure in the action as it considers fit.
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 local or national executive authorities 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 actions
34 
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—
[Benyu & Ors v Art Corporation Ltd 99-SC-006]

(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.
Third party procedure
35 
(1)    Where in any action a defendant who has entered appearance to defend claims against any
person not already a party to the action (in this rule called a “third party”) —
[Tapvice Enterprises (Pvt) Ltd and 6 Ors v Tetrad Investment Bank Ltd 20-HH-230]

(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;
(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;
(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 the
defendant, and should properly be determined, not only as between the plaintiff and the defendant,
but as between the plaintiff, the defendant and the third party or between any or either of them;
the defendant may make a court application to join that person as a third party in the action.
(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 served on the third party and on 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.
(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.
(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.
(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.
(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 2 defendants be determined in the
action, then as between the 2 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—
[NEC, Construction Industry v Zimbabwe Nantong Intl (Pvt) Ltd 15-SC-059]

(a)    be legibly written on A4 size paper on one side only; 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)    contains 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;
[Otherwise practitioners will pay the wasted costs Trust Merchant Bank Ltd v Lewis Murodzo Enterprises (Pvt)
Ltd & Anor 98-HH-181
-words complained of in defamation suits Chimakure C & Alpha Media Holdings P/L v Mutambara A & E 20-SC-
091]

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.
(2)    Every pleading shall be filed in hard and soft copy with the registrar where the action is
proceeding and, except in the cases provided for by these rules, a copy of it shall be delivered
*forthwith by the party or parties to the action.
[If not done forthwith *, this constitutes an affront to the Rules of Court Kwaramba E.v Real Estate Sense (Pvt)
Ltd & Sheriff 17-HH-628]
(3)    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.
(4)    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, 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.
(5)    A party who in a pleading is relying 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.
(6)    It shall not be necessary in any pleading to state the circumstances from which an implied term
can be inferred.
(7)    In all cases in which the party pleading relies on any misrepresentation, fraud, breach of trust,
wilful default, or undue influence, and in all other cases in which particulars may be necessary,
particulars (with dates and items, if necessary) shall be stated in the pleading:
[Fraud - Matabeleland Hauliers (Pvt) Ltd v Lepar J & Sheriff 20-HB-249]

Provided that if the particulars are of a debt, expenses or damages, and exceed 3 folios, the fact
may be so stated, with a reference to full particulars already delivered or to be delivered with the
pleading.
(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.
[Otherwise practitioners will pay for the wasted costs Trust Merchant Bank Ltd v Lewis Murodzo Enterprises
(Pvt) Ltd & Anor 98-HH-181]

(9)    A plaintiff suing for damages shall set them out in such a manner as will enable the defendant
reasonably to assess 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 earning 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; and
(d)    disfigurement, with a full description thereof and stating whether it is temporary or permanent.
(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 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, as, for instance, fraud, prescription, release, payment, performance or
facts showing illegality, either by statute or common law.
(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 specifically and 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.
[Potato Seed Production (Pty) Ltd v Princewood Enterprises (Pvt) Ltd & Ors 17-HH-045]

(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 plaintiff or defendant, as 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.
(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.
(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.
(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.
(17)    No technical objection shall be raised to any pleading on the ground of any alleged want of
form.
[Failure to do so is not necessarily fatal NEC, Construction Industry v Zimbabwe Nantong Intl (Pvt) Ltd 15-SC-
059]

(18)    If a party fails to comply with any of the provisions of this rule, such pleading shall be deemed
to be an irregular step and the opposite party shall be entitled to apply to court to set it aside as
provided for in these rules.
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 rule 36(11)-(18).
(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.
(3)    Where the defendant has delivered notice of appearance to defend, he or she may, subject to
rule 39, within10 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.
(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.
(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.
(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.
(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.
(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 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 at a later stage.
(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.
[Scotfin Ltd v Hewitt & ors 99-HH-137
Rudland.S v Trombas.T 17-HH-690]

(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.
(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.
(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.
(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).
(10)    A defendant may counter claim conditionally upon the claim or defence in 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 an irregular step and the other party shall be entitled to act in accordance with
these rules providing for action against an irregular step.
Procedure for barring
39 
(1)    A party shall be entitled to give 5 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.
 [Russell Noach (Pvt) Ltd v Midsec North (Pvt) Ltd 99-HB-057 -amended by SI 80/2000 – Editor.]

(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.
[Masenda. J & Ors v N. Stipinovich (Pvt) Ltd & Ors 18-HB-107]

(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.
(4)    While a bar is in operation—
[Cannot possibly be interpreted to include appeal proceedings before the Supreme Court Zenda.T.v Duro.V & 4
Ors 17-SC-009]

(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.
[Muranda v Todzaniso & Ors 98-HB-064]

(4a)    A party who has been barred may—

[Duplicate subsection (4) renumbered as (4a) – Editor.]

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

[Netone Cellular (Pvt) Ltd v Bacnet Trading (Pvt) Ltd and Ors 15-HH-214
-2 options discussed Lake Harvest Aquaculture (Pvt)(Ltd) v Revesai T 17-HH-242
Chapfika A v CABS 18-HH-002]

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.
[Netone Cellular (Pvt) Ltd v Bacnet Trading (Pvt) Ltd and Ors 15-HH-214
-2 options discussed Lake Harvest Aquaculture (Pvt)(Ltd) v Revesai T 17-HH-242
Chapfika A v CABS 18-HH-002]

(5)    The withdrawal or removal of a bar shall not preclude a subsequent bar for a subsequent
default.
Replication and plea in reconvention
40 
(1)    Within 12 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 12 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.
(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.
(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.
(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.
(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.
(8)    Where an answer to allegations in a replication is made it shall be called a Rejoinder and shall
be filed within 12 days of the service of the replication which it answers.
(9)    Any party who fails to file and deliver a replication or subsequent pleading within the time stated
in this rule shall be as a result of this fact barred.
Amendment of pleadings and matters arising pending action
41 
(1)    Any party wishing to amend a pleading or document 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.
[ZFC Ltd v Taylor 99-HH-071.]

(2)    The notice referred to in subrule (1) shall state that unless written objection to the proposed
amendment is filed and delivered within 10 days of delivery of the notice, the amendment will be
effected.
(3)    An objection to a proposed amendment shall state clearly and concisely the grounds upon which
the objection is based.
(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 10 days, lodge an application for leave to amend.
(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 10 days after the expiration of the period mentioned
in subrule (2) effect the amendment as contemplated in subrule (7).
(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.
(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.
(8)    Any party affected by an amendment may, within 12 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.
(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.
(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.
 [UDC Ltd v Shamva Flora (Pvt) Ltd 00-HH-182
Plaintiff amended because the executor had given a power of attorney to Mr Gwaradzimba to administer the
estate. To have him cited as an executor would be erroneous. Gwaradzimba. A.M v Mercuri.NO & Master 15-HH-
168;
-not to resuscitate a cause of action that had, by law, prescribed -Shah.J v Kingdom Merchant Bank Ltd 17-SC-
004
ZUPCO v Shah and Gift Investments (Pvt)(Ltd) 17-HH-238
Mupeti E v Kamunhu Investments (Pvt)(Ltd) & 3 Ors 17-HH-334
Zimbabwe Broadcasting Holdings (Pvt) Ltd v Khosa L 19-HH-243]

(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.
[Not to resuscitate a cause of action that had, by law, prescribed -Shah.J v Kingdom Merchant Bank Ltd 13-HH-
159 as read with 17-SC-004
ZUPCO v Shah and Gift Investments (Pvt)(Ltd) 17-HH-238]

(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.
(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 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.
(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 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.
(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
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;
[Disallowed because plea fell short of this requirement. Air Duct Fabricators (Pvt) Ltd v A M Machado & Sons
(Pvt) Ltd 16-HH-054]

(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;
 [Phida. P & Nyala S. v East View High School 15-HB-127
Sammy’s Group (Pvt) Ltd v Meyburgh NO & Ors 15-SC-045
Intratrek Zimbabwe (Pvt)(Ltd) & Anor v PG & Anor 19-HH-229]

(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;
[Hepker.M v Woncon Investments (Pvt) Ltd & Ors 16-HH-019]

(d)    apply for a further and better statement of the nature of the claim or defence or for further and
better particulars of any matter stated in any pleading, notice or written proceeding requiring
particulars.
[Not After Notice to Bar filed Russell Noach (Pvt) Ltd v Midsec North (Pvt) Ltd 99-HB-057]

(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.
[NEC, Construction Industry v Zimbabwe Nantong Intl (Pvt) Ltd 15-SC-059
Brooker v Mudhanda & Anor, Pierce v Mudhanda & Registrar of Deeds 18-SC-005]

(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 12 days of the
complaint.
[Time frames have to be followed every step of the way.
General Leasing (Pvt) Ltd v Allied Timbers Zimbabwe (Pvt) Ltd 15-HH-076
Zimbabwe Allied Bank Ltd v Dengu.C & Nyabanda W.T. 15-HH-583 reversed on appeal
Allied Bank Ltd v Dengu C & Nyabonda W 16-SC-952.]

(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.
[Tapvice Enterprises (Pvt) Ltd v Saruchera NO & Ors 15-HH-241
-not mandatory that a letter be written Kotze.J.F v Parham.W & Credfin (Pvt) Ltd 15-HH-733
Mashangwa U &B. v Makandiwa.E & R.& United Family Church 18-HH-010]

(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.
(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.
(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).
(8)    A party filing an exception, special plea or an application to strike out shall, at the time of filing it,
file heads of argument in support of the exception, special plea or application to strike out.
(9)    Where the other party is represented by a legal practitioner, he or she within 10 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.
(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;
 [Hepker.M v Woncon Investments (Pvt) Ltd & Ors 16-HH-019]

(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.
(11)    If a party applies for particulars, the time for replying to the pleading of which particulars are
sought shall be calculated—
(a)    where the particulars are supplied voluntarily or pursuant to an order of court, from the date on
which the particulars were supplied;
[Not after Notice to Bar filed Russell Noach (Pvt) Ltd v Midsec North (Pvt) Ltd 99-HB-057]

(b)    where the particulars are refused and the applicant fails to make a court application for an order
within 12 days of the refusal, from the date of expiry of such period of 12 days;
(c)    where the particulars are refused and the court refuses to order the particulars to be supplied,
from the date of the court’s refusal:
Provided that it shall not be competent to request further particulars where the party has been served
with a notice of intention to bar, at which such a party shall plead to the merits.
(12)    After the close of pleadings, any party may, not less than 12 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 10 days of
delivery of the notice.
(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
(1)    A party to a cause in which an irregular step has been taken by the other party may apply to
court to set it 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—
(a)    the applicant has not himself or herself taken a further step in the cause with knowledge of the
irregularity;
(b)    the applicant has, within 10 days of becoming aware of the step, by written notice afforded the
other party the opportunity of removing the cause of complaint within 10 days;
(c)    the application is filed within 12 days after the expiry of the second period mentioned in
paragraph (b) of this subrule.
(3)    If at the hearing of such application the court is of the opinion that the proceeding or step 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
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
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 party of the
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.
(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.
(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.
(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.
(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.
(10)    An offer or tender shall not be capable of acceptance more than 15 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.
(11)    As soon as possible after filing a notice of acceptance in terms of subrule (1), 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.
(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.
(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 10 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 10 days notice, for judgment in
accordance with the offer or tender as well as for the costs of the application.
(15)    Where an offer or tender is made in terms of this rule without prejudice:—
(a)    it 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 any file in his office 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.
(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 5 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.
[Moon v Moon 06-HB-077
Not motion proceedings City of Bulawayo v Megalithic Marketing (Pvt)(Ltd) 17-HB-041]

(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 proceedings to be taken in the action and the costs of the application, and more
particularly the following, pleadings, amendments of pleadings, particulars, special pleas and
exceptions, admissions, removal of trial, the hearing of argument on points of law, the hearing
separately of one or more of the issues, discovery, inspection of documents, inspection of movable
and immovable property, commissions, examinations of witnesses, place and date of trial.
(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).
(4)    If such party intends to apply for directions it shall, before the hearing, give notice to the other
party or parties to the action of the matters in respect of which he 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.
(6)    Where a party desires to make 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.
(7)    A party may, before judgment is given on his or her original application for directions, make a
further chamber application for directions.
(8)    The costs of any application subsequent to the original application may be ordered to be borne
by the party applying if the judge is of the opinion that such application ought to have been made at
the hearing of the original application.
(9)    On the hearing of an application under this rule the 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)    in commercial causes 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 particularly he or she may
make orders dispensing with formal pleadings and settling the issues to be tried between the parties
and commercial causes shall include causes arising out of the ordinary transactions of merchants and
traders, amongst others, those relating to the construction of mercantile documents, export or import
of merchandise, insurance, banking and mercantile agency and mercantile usages and other related
matters.
(10)    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
47 
(1)    A party to a cause or matter may require any other party thereto, by notice in writing, to make
discovery on oath within 10 days 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.
(2)    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. 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 which he or she or his or her agent had but have not in his
or her possession at the date of the affidavit;
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.
(3)    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 (5) or to
state on oath within 6 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.
(4)    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.
(5)    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 (3) of this rule.
(6)    A notice in terms of subrule (5) shall require the party who has discovered the documents or
tape recordings to deliver to the party who wishes to inspect them within 5 days, a notice in
accordance with Form No. 15 specifying—
(a)    subject to subrule (5) a place where the documents or tape recordings may be inspected; and
(b)    a period of not less than 5 days, beginning not later than 3 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;
(7)    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.
(8)    The party receiving the latter notice referred to in subrule (6) 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.
(9)    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.
(10)    If a party fails to make discovery under this rule or, having been served with a notice under
subrule (5) 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.
(11)    If a party fails to comply with an order made in terms of subrule (10), 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.
(12)    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.
(13)    The notice referred to in subrule (12) shall be given not less than 3 days before the hearing
but may, if the court so allows, be given during the course of the hearing.
(14)    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.
(15)    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.
(16)    If a party, having been served with a notice under subrule (12) or having been ordered to
produce any documents or tape recordings in terms of subrule (15), fails to produce any document or
tape recording as required in terms of the two 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.
(17)    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 10 days and to permit him or her to make a copy or transcription thereof.
(18)    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.
(19)    Where a party has failed to comply with a notice under subrule (17) 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.
(20)    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.
(21)    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.
(22)    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.
(23)    A party failing to comply with subrule (22) 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.
(24)    A party proposing to prove documents or tape recordings at a trial may give notice to any other
party requiring him or her within 10 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.
(25)    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 referred to in the notice and that the notice was duly given.
(26)    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.
(27)    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, but the party against whom the order was made or
to whom notice was given may show that he or she had had no notice or knowledge of the order.
(28)    A legal practitioner upon whom an order is served or to whom notice is given under the last
preceding subrule who neglects, without reasonable excuse, to give notice thereof to his or her client,
shall be liable to attachment.
(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.
(30)    The application of this rule shall extend to plaintiffs and defendants who are minors and to
curators ad litem.
Inspection, examination and expert testimony
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
damage 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 12 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.
(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.
(4)    The person receiving such notice shall within 6 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;
[Tsvangirai.M v Mugabe.R.G & Ors 03-HH-137]

(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.
(5)    If the person receiving the notice fails to deliver such objection within the said period of 6 days,
he or she shall be deemed to have agreed to the examination upon the terms set forth by the person
giving the notice.
(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.
(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 10 days
any medical reports, hospital records, X-ray photographs, or other documentary information of the like
nature relevant to the assessment of such damages and to provide copies thereof upon request.
(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 it is alleged that his or her own
state of health is relevant in determining the damages.
(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 12 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 6 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.
(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.
(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 12 days before the hearing, have delivered notice of his or her intention to do so;
and
(b)    not less than 10 days before the trial, have delivered a summary of such expert’s opinion and
his or her reasons therefor.
(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 12 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 10 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
49 
(1)    Subject to this rule, when the pleadings in any action are closed, 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 subrule (2).
(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—
(a)    the obtaining of admissions of fact and of documents and tape recordings;
[Mahlangu.M.P v Dowa.H.S & Co-Ministers of Home and Internal Affairs 16-HH-653]

(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;
[Mahlangu.M.P v Dowa.H.S & Co-Ministers of Home and Internal Affairs 16-HH-653]

(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.
(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—
(a)    the place, date and duration of the conference and the names of the persons present;
(b)    if a party feels prejudiced because another party has not complied with the rules of court, the
nature of such non-compliance and prejudice;
(c)    that every party claiming relief has requested the other party to make a settlement proposal and
that such party has reacted to the request;
(d)    the admissions sought and made by each party;
(e)    any dispute regarding the duty to begin or the onus of proof;
(f)    any agreement regarding the production of proof by way of an affidavit in terms of these rules;
(g)    which party shall be responsible for the copying and other preparation of documents;
(h)    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 2 days prior to the pretrial conference
before a judge referred to in subrule (8).
(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) 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.
(6)    The application for a pre-trial conference before a judge shall be accompanied by that party’s
proposed pre-trial conference minute and summary of evidence all of which shall be served as soon
as possible after filing upon all the other parties to the action.
(7)    The parties receiving the documents referred to in subrule (6) shall, no later than 5 days before
the date set for the pretrial conference before a judge, file their own proposed minutes of pre-trial
conference and summaries of evidence.
(8)    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.
(9)    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.
[No need to Set down for Trial where no dispute left K.M. Insurance v Marumahoko R 14-HH-678 Judgment
entered
Parties who do not even intend to go to trial make their pleadings a monumental fraud. Wiltshire Explosives (Pvt)
Ltd v Olympus Gold Zimbabwe & Others 16-HB-142]

(10)    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 agreement, together with the
reasons therefor.
(11)    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.
(12)    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 (8), (10) and (11) or
with a notice given in terms of subrule (8); 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.
(13)    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, duly signed, with the
registrar within 5 days or within such longer period as the judge may determine.
[Court can’t try issues not in the Minutes of the PTC Field.C. v Field.B. 21-HH-028]

(14)    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.
(15)    When giving judgment, the court shall take into consideration the provisions of this rule and
anything done there under in making any order as to costs and where in the opinion of the court a
party has been unreasonable in refusing to make an admission or in declining to reach an agreement
in respect of any of the matters set out in subrule (2) the court may order that such party shall pay the
additional costs resulting therefrom notwithstanding the fact that such party may be successful in the
main action.
Admissions
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.
(2)    A party may by notice in writing at any time not later than 10 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.
[Hutchison & Atkinson NNO v Logan 98-HH-091]

(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.
(4)    In the case of failure to reply to the notice to admit any facts within 10 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.
(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.
(6)    In the case of failure by the party to reply within 10 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.
(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.
[Hutchison & Atkinson NNO v Logan 98-HH-091]
(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.
(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
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 that other party in the cause or matter; and
(b)    requiring that 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.
(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.
(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.
(6)    When interrogatories are to be served on 2 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.
(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.
(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.
(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.
(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.
(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.
[Compare Agreed Case in Rule 6 of the 12th Schedule of the Income Tax Act [Chapter 23:06] M (Pvt) Ltd v
ZIMRA 15-HH-665
Tinarwo.E.T v Hove.T.R & Ors 03-HH-138
Tetrad Investments Bank Ltd v Largedata Enterprises (Pvt) Ltd 15-HH-730
Medical & Dental Practitioners Council of Zimbabwe v Dr. Chikwava. K 16-HH-269
GG &G v Mpofu J 17-HH-006
Manica Zimbabwe Ltd v Windmill (Pvt) Ltd 20-HH-705]

(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.
(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.
(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.
(5)    The special case may be set down for hearing in the manner provided for trial or opposed
applications whichever may be more convenient.
(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.
[M (Pvt) Ltd v ZIMRA 15-HH-665]

(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.
(9)    When giving its decision upon any question in terms of this Rule, the court may give judgment as
may upon such decision 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.
[Mikesome Investments (Pvt) Ltd t/a Sommerfield Real Estate v Silcocks Investments (Pvt) Ltd 03-HH-107
M (Pvt) Ltd v ZIMRA 15-HH-665
Timba P. & Anor v Chetsanga C.& Ors 16-HH-087]

Procuring evidence for trial

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.
(2)    A subpoena shall be in one of the Forms Nos. 57 ,58 and 59 and shall be prepared by the party
desiring to issue it.
(3)    Every subpoena other than a subpoena for the production of evidence may contain 4 names
where necessary or required.
(4)    Not more than 3 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 a such subpoena for the production of
evidence for each person if it is necessary or desirable.
(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.
(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.
(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 16(2)(b);
[Editor’s note: should not the underlined rule be rule 15rule 15 ?]

(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.
(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.
(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.
(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.
(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.
(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 viva voce.
(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 viva voce 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.
(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.
(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 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.
(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.
(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.
(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.
(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.
(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.
(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 only 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.
(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 and for purposes of this, 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 and 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.
(24)    The record of the evidence shall be returned 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.
(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.
(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.
(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.
(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.
(29)    A party in any cause or matter may by subpoena ad testificandum or duces tecum 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 in
the case or matter shall be bound on being served with such subpoena to attend before such officer
or person for cross-examination.
(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.
(31)    Every magistrate shall be a Commissioner of court for the purpose of examining witnesses.
(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.
(33)    Every application for appointment as a commissioner of the High Court shall be by application
to the court or a judge in chambers.
(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
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 or if 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.
(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.
(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 pre-trial
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(11). The party making the
request shall forthwith notify the other party that he or she has done so.
(4)    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 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.
(5)    A copy of the receipt for such deposit shall be furnished to the Registrar by the party within 5
days of filing the request for placement of the case on the cause list.
(6)    Once a date becomes available for the hearing of a case placed on the list in terms of subrule
(3), the registrar shall, in consultation with the judge to whom such matter has been allocated, allocate
a date for the case to be heard and shall give the notice of set down.
(7)    The notice of set down given by the registrar in terms of subrule (6)—
(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.
(8)    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 5 days after service has been effected and at least
5 days before the date of hearing.
(9)    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 fixed date for the hearing of the case whether in or out of term.
(10)    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 set aside and for good cause shown the court or judge may set it aside 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 may be
altered without application to court or to a judge.
Records
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.
(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 entering on his 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 take an oath by
affirmation.
(4)    It shall not be necessary to transcribe any 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.
(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.
Civil trial proceedings
56 
(1)    If, when a trial is called, the plaintiff appears and the defendant does not appear, the plaintiff may
prove his or her claim so far as the burden of proof lies upon him or her and judgment may be given
accordingly, in so far as the plaintiff has discharged such burden:
Provided that where the claim is for a debt or liquidated demand, no evidence shall be necessary
unless the court otherwise orders.
(2)    When the defendant has by his or her default been barred from pleading, and the case has been
set down for hearing, and the default has been proved, the defendant shall not, save where the court
in the interests of justice may otherwise order, be permitted, either in person or by counsel, to appear
at the hearing.
(3)    If, when a trial is called, the defendant appears and the plaintiff does not appear, the defendant
shall be entitled to an order granting absolution from the instance with costs, but may lead evidence
with a view to satisfying the court that final judgment should be granted in his favour and the court, if
so satisfied may grant such judgment.
(4)    The provisions of subrules (1) or (2) shall apply to any person making any claim (whether by way
of claim in reconvention or third party, notice or by any other means as if he or she were a plaintiff,
and the provisions of subrule (3) shall apply to any person against whom such a claim is made as if
he or she were a defendant.
(5)    If on the pleadings the burden of proof is on the plaintiff, he or she or his or her counsel, may
briefly outline the facts intended to be proved and the plaintiff shall first adduce his or her evidence.
(6)    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.
(7)    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.
(8)    When 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.
(9)    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.
(10)    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.
(11)    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 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.
(12)    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.
(13)    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.
(14)    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.
(15)    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.
(16)    After the evidence on both sides has been given, the plaintiff’s legal practitioner shall have the
right to observe 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 reply the plaintiff’s legal
practitioner cites new cases, the court may allow one legal practitioner for the opposite side to
observe on those cases.
(17)    If there is one or more third parties or if there are defendants to a claim in reconvention who are
not plaintiffs in the 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 counter-claim 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.
(18)    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.
(19)    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.
(20)    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.
(21)    Co-plaintiffs shall appear by the same legal practitioner and shall not sever their case.
(22)    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.
(23)    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.
(24)    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.
(25)    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.
(26)    Notwithstanding anything contained in this rule relating to closing addresses, the judge may, at
the conclusion of 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.
(27)    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 in
argument, it may penalise such a party in the matter of costs.
(28)    The parties to any civil action 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.

PART VIII
APPLICATION PROCEDURE
Nature of applications: - preliminary
57 
(1)    Subject to this rule, all applications made for whatever purpose in terms of these rules or any
other law, other than applicants 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.
(2)    An application shall not be made as a chamber application unless—
(a)    the matter is urgent and cannot wait to be resolved through a court application; or
(b)    these rules or any other enactment so provide; or
(c)    the relief sought is procedural or for a provisional order where no interim relief is sought only; or
(d)    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
(e)    there are special circumstances which are set out in the application justifying the application.
General provisions for all applications
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—
(a)    state the title of the matter and a description of the document concerned; and
(b)    be signed by the applicant or respondent, as the case may be, or by his or her legal practitioner;
and
(c)    give an address for service which shall be within a radius of 10 kilometres from the registry in
which the document is filed; and
(d)    where it comprises more than 5 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)    Whereby 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.
(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.
(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.
(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.
(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.
[Deluxe International School V Damofalls Investments (Pvt) Ltd Land Developers & 2 ors 22-HH-020]

(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.
(14)    Where an application made in terms of this Part is to be served on the other parties, the
applicant shall, within 5 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.
Court application
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.
(2)    A copy of a court application and of every affidavit by which it is supported shall be served upon
every respondent.
(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 the registrar before or as soon
as practicable after the application has been served on every respondent.
(5)    As soon as possible after service of a court application and supporting documents, the applicant
shall file with the registrar proof of such service in accordance with rule 16.
[Editor’s note: should not the underlined rule be rule 15rule 15 ?]

(6)    The time within which a respondent in a court application may be required to file a notice of
opposition and opposing affidavits shall be not less than 10 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 in urgent cases a court application may specify a shorter period for the filing of opposing
affidavits if the court on good cause shown agrees to such shorter period.
(7)    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.
(8)    As soon as possible, in any event not later than 7 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 48 hours, shall file with the registrar proof of
such service in accordance with *subrule (8) of rule 16.
[Editor’s Note: The subrule underlined does not exist – possibly should be read as subrule (22) of rule 15 ?]

(9)    A respondent who has failed to file a notice of opposition and opposing affidavit in terms of
subrule(8) shall be barred.
(10)    Subject to subrule (11), 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:
Provided that no answering affidavit may be filed less than10 days before the hearing of the
application.
(11)    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, as soon as possible thereafter, shall file with the
registrar proof of such service in accordance with subrule (8) of rule 16.
 [Editor’s Note: The subrule underlined does not exist – possibly should be read as subrule (22) of rule 15 ?]

(12)    After an answering affidavit has been filed, no further affidavits may be filed without the leave of
the court or a judge.
(13)    Where the respondent is barred in terms of subrule (9), the applicant may, without notice to him
or her, set the matter down for hearing in terms of rule 64.
(14)    Where the respondent has filed a notice of opposition and an opposing affidavit and the
applicant has not filed any answering affidavit he may wish to file the applicant may apply for a set
down of the matter down for hearing in terms of rule 65.
(15)    Where the respondent has filed a notice of opposition and an opposing affidavit and within 1
month thereafter, the applicant has neither filed an answering affidavit nor set the matter down for
hearing, the respondent, on notice to the applicant, may either—
(a)    apply for the set down of the matter down 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
thinks fit.
(16)    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 such terms as he or she considers fit.
(17)    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 set
down set aside and, for good cause shown, the court or judge may set it aside and fix another day 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.
(18)    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—
(a)    before the matter is set down for hearing, the legal practitioner shall 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; and
(b)    immediately after awards, he or she shall deliver a copy of the heads of argument to every other
party and file with the registrar proof of such delivery.
(19)    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 with the registrar in accordance with subrule (18)—
(i)    heads of argument; and
(ii)    proof that a copy of the heads of argument has been delivered to every other party; and
(b) in the case of an application, the pages have been numbered in accordance with rule 58(1).
[The editor has substituted (b) for the gazetted (c)]

(20)    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.
(21)    Heads of argument referred to in subrule (20) shall be filed by the respondent’s legal
practitioner not more than 10 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 5 days before the hearing as long as
the respondent shall not have been barred in terms of subrule (22).
(22)    Where heads of argument that are required to be filed are not filed within the period specified in
subrule (21),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.
(23)    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 (20)
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.
(24)    In relation to any application, exception or application to strike out which has been set down by
a respondent, any reference—
(a)    in subrule (18) to the applicant or excipient, shall be construed as a reference to the respondent;
(b)    in subrules (20), (21) or (22) to a respondent, shall be construed as a reference to the applicant
or excipients.
(25)    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 (18) or (20) as the case may be.
(26)    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.
(27)    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.
(28)    Where the court grants a provisional order under subrule (11), subrule (7) 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.
[Zimra v Chidodo A 22-HH-252 ]

(2)    Where a chamber application is for default judgment in terms of rule 23 or for other relief where
the facts are evident from the record, it shall not be necessary to annex a supporting affidavit.
(3)    A chamber application shall be served on all interested parties 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.
(4)    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 rule 61 (2)(a) to (e)—
(a)    he or she shall set out the grounds for his or her belief fully in his or her affidavit; and
(b)    unless the applicant is not legally represented, the application shall be accompanied by a
certificate from a legal practitioner setting out, with reasons, his or her belief that the matter is
uncontentious, likely to attract perverse conduct or urgent for one or more of the reasons set out in
sub rule (3)(a) to (e).
(5)    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.
(6)    Where a chamber application is accompanied by a certificate from a legal practitioner in subrule
(4)(b) to the effect that the matter is urgent, giving reasons for its urgency, the registrar shall
immediately submit it to the duty judge, handling urgent applications who shall consider the papers
forthwith.
[Redan Petroleum (Pvt) Ltd v Redan Coupon (Pvt) Ltd 22-HH-327]

(7)    Where a chamber application is not accompanied by a certificate referred to in subrule (6), 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.
(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.
(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.
(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)    Subrules (2) and (11) 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 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 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.
(14)    Subrules (9) to (11) of rule 59 shall apply, with the necessary changes, to the hearing of a
matter consequent upon the issue of a provisional order referred to in subrule (10).
(15)    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.
(16)    Any query raised in terms of subrule (15) above shall be attended to promptly and, in any
event, not later than 30 days from the date on which the query was raised.
(17)    Where a query so raised by a Judge has not been attended to within the period stipulated in
subrule (16), the chamber application shall be dismissed by the Registrar.
(18)    Where upon hearing an application which is supported by a certificate from a legal practitioner
in terms of subrule (6) the Judge is of the view that the application is not urgent within the meaning of
this rule; the Judge shall strike the application from the roll of urgent applications.
(19)    An application that has been struck off 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.
Deceased estates, persons under a disability, minors etc
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 10 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 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 of the property, such name shall be referred to in the application or otherwise
submitted to the Master for his or her approval.
(2)    In the case of any application in connection with—
(a)    the estate of a person alleged to be prodigal or under any disability, mental or otherwise, or
(b)    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.
(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.
(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.
(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).
(6)    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 10 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
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.
(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.
(3)    Rules 57, 58, 59, 60 and 61 shall apply to any application made in terms of this rule.
(4)    Any proceedings by way of review shall be instituted within 8 weeks of the termination of the
suit, action or proceedings in which the irregularity or illegality complained of is alleged to have
occurred:
[Mandiwo W v ZIMRA 22-HMT-004]

Provided that the court may for good cause shown extend the time.
(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 12 days of the date of
service of the application for review, lodge with the registrar the original record, together with 2 typed
copies, which copies shall be certified as true and correct copies. The parties to the review requiring
copies of the record for their own use shall obtain them from the official who prepared the record:
Provided that it shall be the responsibility of the party seeking review to ensure compliance with this
subrule.
(6)    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. The copies of 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 be securely bound in stout covers disclosing 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)    Any fees or charges incurred in obtaining copies of the record under subrule (5) shall form part
of the costs of review.
(14)    The registrar may refuse to accept copies of records which do not, in his or her opinion, comply
with the provisions of this rule.
(15)    By consent of 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
63 
(1)    In this rule—
“applicant” means a person who holds property or has incurred a liability in respect of which there are
2 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).
(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)    In regard to conflicting claims with respect to property attached in execution, the Sheriff shall
have the rights of an applicant and an execution creditor shall have the rights of a claimant.
[Lifting the corporate veil to determine claims Sheriff v Trinidad Contractors & Industries, Mlauzi M and 76 Ors
16-HH-445
Sheriff of Zimbabwe v Ballycastle Trading & HRIB (Pvt) Ltd. 19-HH-235]
(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 any agreement of the claimants.
(7)    The interpleader notice shall—
[Sheriff of Zimbabwe v Ballycastle Trading & HRIB (Pvt) Ltd. 19-HH-235]

(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.
(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.
[Sheriff of Zimbabwe & Gurta.A v Manja. A & 97 Ors 19-HH-325 -REVERSED on appeal 21-SC-009
relevance of lawfulness of applicant’s possession of the property Martin. D. & Khan M v The Sheriff & Ors 19-
HMT-073]

(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.
(10)    Rules 57, 58, 59 and 60 shall apply to any application made in terms of this rule.
(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 (6) 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.
[The rule does not permanently bar the claimant from making an application for rescission if a judgment is
granted against him for failing to file opposing papers. Askeland Media & Advertising (Pvt) Ltd v ZNWA & Anor
17-HH-733]

(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;
[The onus of proving ownership rests on the claimant. Muzanenhamo.J v Fishtown Inv (Pvt) Ltd, Sheriff & 2 Ors
17-SC-008
Welli-Well Pvt Ltd v Imbayago.M & Anor 21-SC-008]

(d)    if it considers the matter is not a proper matter for relief by way of interpleader notice, dismiss
the application;
(e)    make such order as to costs and any expenses incurred in terms of subrule (5) as it considers fit.
(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.
[Relevance of lawfulness of applicant’s possession of the property Martin. D. & Khan M v The Sheriff
& Ors 19-HMT-073]
(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.
(15)    The applicant shall, within 5 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 5 days of
service of the applicant’s head of arguments file with the Registrar their heads of arguments where
they are represented by a legal practitioner, and serve them on the applicant and other interested
parties, if any.
(17)    Upon receipt of heads of argument filed in terms of subrule (16) the applicant shall, within a
further 5 days submit a request for the setting down of the interpleader application in compliance with
rule 65 (1).
(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 30 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.
(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
(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
Friday preceding the Wednesday of set down;
(g)    in Bulawayo, Masvingo and Mutare, on any Thursday, by filing a notice of set down with the
registrar not later than the Monday preceding the Thursday of set down.
Setting down of opposed matters
 [Refer to rule 35 of the High Court (Commercial Division) Rules, SI 123/2020 for setting down Commercial
cases– Editor.]

65 
(1)    Subject to subrule (17) 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)    A copy of the receipt for such deposit shall be furnished to the registrar by the party within 5
days of filing the request for a set down date.
(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 give the notice of set down.
(4)    The notice of set down given by the registrar in terms of subrule (4) of this rule shall be delivered
by the sheriff in terms of rule 54.
(5)    Subject to this rule, without the consent of the respondent, no application in which a notice of
opposition and opposing affidavit have been filed shall be set down for hearing less than 8 business
days after the notice of opposition and opposing affidavit were filed.
(6)    No contested matter shall be set down for hearing during vacation unless a legal practitioner
certifies in writing that it is urgent, giving reasons for its urgency, 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.
(8)    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 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.
(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.
(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 not apply in the case of a return day of a rule nisi.
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 take such orders as 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 (3) months from the date on
which it was postponed sine die or removed from the roll, such matter shall be regarded as
abandoned, shall be deemed to have lapsed and the Registrar shall advise the parties accordingly.

PART X
MATRIMONIAL CAUSES
Divorce or judicial separation, 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.
[Chiyangwa V.T. v Chiyangwa B 16-HB-173]

(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 whatever
information is available respecting the spouse’s financial position.
[Bowers. A. v Bowers. S 18-SC-011]

(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.
(4)    The court may, on the same procedure, 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.
68 
(1)    The summons commencing an action mentioned in this Rule may, at the option of the plaintiff,
be issued in Form No. 29 to which a copy of the plaintiff’s declaration shall be annexed, in which case
the provisions of subrule (5) shall not apply to such an action.
(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.
[* except where the giving of *personal notice is impracticable. The exception is entirely the discretion of the
court to decide because this rule supercedes the effect of the specific wording of the Form : Strydom.T.M v
Strydom.T.C 03-HB-044 -Editor]

(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 12 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.
(4)    Thereafter the plaintiff may 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
defendant has been given personal notice and is aware of 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.
(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.
[Editor’s Note: The underlined rule possibly should be read as subrule (22) of rule 15 ?]

(6)    Where in any proceedings other than those mention 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 named in such document, the provisions of subrule (5)
shall with the necessary changes apply.
(7)    In a matrimonial matter the judge hearing the case may interview them privately in his or her
chambers in the presence of their legal practitioners, for the purpose of discussing with them a
settlement of the matter, or any other matter affecting the future conduct of proceedings.
(8)    In a case which affects 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.
(9)    In a matrimonial case, or in a case affecting the custody of a child, the court hearing the case
may order that the proceedings be held out of the public view 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.
(11)    In an unopposed matrimonial case, it shall not be necessary for the plaintiff to give oral
evidence if, not later than 10 o’clock in the morning—
(a)    where the case is set down for hearing in Harare, on the Friday immediately preceding the
Wednesday on which the case is set down;
(b)    where the case is set down for hearing in Bulawayo, Masvingo or Mutare, 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.
[Mhlanga v Sheriff of The High Court 99-HH-070
-relevance of lawfulness of applicant’s possession of the property Martin. D. & Khan M v The Sheriff & Ors 19-
HMT-073]

(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.
[*Mhlanga v Sheriff of The High Court 99-HH-070
Hartley v Hartley 99-SC-060
City of Masvingo v ZUCWU, TM Auctioneers & Sheriff of the High Court 17-HMA-04]

(3)    No writ of execution shall be issued after the judgment has become superannuated, unless the
said judgment has first been revived, but a writ of execution once issued shall remain in force until
such time as the judgment has been satisfied.
[Pandhari Lodge (Pvt) Ltd & Ors v CABS & Deputy Sheriff 14-HH-720
Nzara S. & Ors v Kashumba N.O. & Ors 16-HH-151
Karnec Investments (Pvt) Ltd & Anor v Econet Wireless (Pvt) Ltd 16-HH-261
Writ cannot be used to attach property after the debt has been satisfied to recover interest not apparent on the
Order -neither can it be cancelled Zimbabwe Cricket Union v Muzamhindo A, Chinawa Prtns & Sheriff 17-HH-336
Rule limits money recoverable through an order to the writ CBZ Bank v Business Environment Svcs (Pvt) Ltd 17-
HH-783
-the common law position restated Slashwood Mining (Pvt) Ltd Zenitgroup Ltd V Ontage Resources (Pvt) Ltd 22-
HH-272]
(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 shall not have 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.
(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.
[See where the justice lies Pandhari Lodge (Pvt) Ltd & Ors v CABS & Deputy Sheriff 14-HH-720]

(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.
(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
48 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.
(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.
[Mhlanga v Sheriff of The High Court 99-HH-070
but it can’t be cancelled Zimbabwe Cricket Union v Muzamhindo A, Chinawa Prtns & Sheriff 17-HH-336]

(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.
(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.
(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.
(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, to be recovered from the execution debtor as costs awarded by the
court.
(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.
(17)    If any property taken in execution is claimed by a third party as his or her property, the sheriff,
on receipt of the claim, forthwith give notice to the execution creditor.
(18)    If the execution creditor gives the sheriff notice within 2 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.
(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
70 
(1)    Subject to sections 20, 21 or 22 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—
(a)    section 21, being the value of the execution debtor’s household utensils that may not be seized,
is level 4;
(b)    being the value of the execution debtor’s stock, tools and implements that may not be seized in
execution, is level 4;
(c)    being the value of the execution debtor’s professional books, documents and instruments that
may not be seized in execution, is level 4.
(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.
[Failure to value attached goods shall not vitiate the attachment & sale Kadoma Textiles (Pvt) Ltd v Sheriff and
Mazambara D & 8 Ors 16-HH-450]

(4)    So far as may be necessary to the execution of any such writ, the sheriff may open any door of
or in any premises, if 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.
 [Fawcett Security Operations (Pvt) Ltd v Zimbabwe Broadcasting Corporation & Ors 02-HH-169]

(5)    Any such writ may be served in any of the manners provided for by subrule (2) of rule 16:
[Editor’s Note: The subrule underlined does not exist – possibly should be read as subrule (22) of rule 15 ?]

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 specie 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 specie or
documents shall be sealed up and conveyed to the office of the sheriff.
(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.
[City of Masvingo v ZUCWU, TM Auctioneers & Sheriff of the High Court 17-HMA-04]

(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 it may be inconvenient to remove, may leave the same upon the premises
in the charge and custody of some person for 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 48 hours after the attachment and shall in the meantime leave the same in the
charge and custody of some person for 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.
[City of Masvingo v ZUCWU, TM Auctioneers & Sheriff of the High Court 17-HMA-04]

(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 at or near to the place where the same was taken or to which the same has been removed as
aforesaid as may be advantageous for the sale thereof and the said sheriff shall publish notice of the
sale in a newspaper circulating in the district.
(12)    The day appointed for the sale shall not be less than12 days after the time of seizure or
attachment:
Provided that where perishables are attached, they may with the consent of the execution debtor or
upon the execution creditor indemnifying the sheriff against any claim for damages which may arise
from such sale, be sold immediately by the sheriff in such manner as to him or her seems expedient.
(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.
(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 otherwise 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.
(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.
(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:
[A bank account held on behalf of a judgment debtor can be attached Daisy Guest House (Pvt) Ltd v Ecobank &
Ors 19-HH-114]

Provided that a debt due or accruing due for salary or wages shall not be so attached.
(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 shall have 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.
(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.
(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.
(20)    Attachment of property subject to alien shall be effected with the necessary changes in
accordance with subrule (19)(b).
(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
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.
(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.
(3)    The method of attachment of immovable property, including a mining claim, shall be by notice
by the sheriff served, 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;
[Max Haivo Electrical & Hardware (Pvt) Ltd v Olive Touch Investments (Pvt) Ltd & Ors 19-HH-246]

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 16.
[Editor’s note: should not the underlined rule be rule 15rule 15 ?]

(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.
[Max Haivo Electrical & Hardware (Pvt) Ltd v Olive Touch Investments (Pvt) Ltd & Ors 19-HH-246.]

(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.
[Max Haivo Electrical & Hardware (Pvt) Ltd v Olive Touch Investments (Pvt) Ltd & Ors 19-HH-246]

(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 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 10 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.
(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.
(9)    Not less than 10 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.
(10)    Upon receiving documents and particulars in terms of subrule (3) relating to the attachment of a
dwelling the sheriff shall forthwith send 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 and shall take no further steps in regard to the
sale of the dwelling or the eviction of the occupants for a period of 10 days.
(11)    If, within 10 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—
[See the Housing and Building (Sales in Execution) (Assumption of Debts) Regulations, 1995.SI 362/95
Muguti T & Muguti O.K v Tian Ze Tobacco Co (Pvt) Ltd & Messenger 15-HH-364]

(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 30 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 30-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 3 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 3 months from
the National Housing Fund established by section 14 of the Housing and Building Act [Chapter 22:07].
(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 or her family, the execution debtor may, within
10 days after the service upon him or her of the notice in terms of subrule (3), make a chamber
application in accordance with subrule (15) for the postponement or suspension of—
[Masendeke.T.J v CABS & Sheriff 03-HH-007]

(a)    the sale of the dwelling concerned; or

(b)    the eviction of the occupants.
(15)    An application in terms of subrule (14) shall be made in Form No. 44 and filed with the
registrar.
(16)    Upon being notified of an application in terms of subrule (14) the registrar shall without delay—
(a)    notify the sheriff that the application has been filed; and
(b)    serve a copy of the application on the execution creditor; and
(c)    set the application down for hearing and notify the execution creditor and the applicant of the set
down date.
(17)    Upon being notified of an application in terms of subrule (16)(c), 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.
(18)    If, on the hearing of an application in terms of subrule (14), the judge is satisfied—
[Masendeke.T.J v CABS & Sheriff 03-HH-007]

(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;
[Sibanda v Yambukai Holdings (Pvt) Ltd & The Sheriff 17-HH-084]

and
(b)    that—
[Makupe.T v ZB Bank Ltd 16-HH-257]

(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.
[Masimbe C v Rainbow Tourism Group 16-HH-158
Makupe.T v ZB Bank Ltd 16-HH-257]

(19)    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.
[Any such application shall be treated as urgent - Masendeke.T.J v CABS & Sheriff 03-HH-007]

(20)    Notwithstanding any other provision of this rule, the sheriff shall take all necessary steps to
comply with any order issued pursuant to subrule (10).
(21)    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.
(22)    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.
(23)    If any person so required to deliver such documents fail 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.
(24)    The party instructing the sheriff to sell immovable property in execution shall provide the sheriff
with such deposit in account of costs as the sheriff may require and shall comply with such further
requests as the sheriff may make.
(25)    The balance of the deposit so made shall be reimbursed to the party concerned out of the first
proceeds of the sale.
(26)    Upon receipt of a deposit in terms of subrule (24), the sheriff shall nominate an auctioneer to
conduct the sale of the immovable property concerned:
Provided that, if the party instructing the sheriff to sell the property informs the sheriff that he or she
wants a particular auctioneer to conduct the sale and satisfies the sheriff that he or she will meet any
additional costs incurred through engaging that auctioneer, the sheriff shall nominate the auctioneer.
(27)    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.
[See where the justice lies Pandhari Lodge (Pvt) Ltd & Ors v CABS & Deputy Sheriff 14-HH-720]

(28)    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 1 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.
[Gonyora.N v Zenith Distributors (Pvt) Ltd & Ors 04-HH-044]

(29)    The conditions of sales 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.
[Crusader Real Estate Consultancy (Pvt) Ltd v CABS 99-HH-002]

(30)    The sale shall be by public auction without reserve, and shall be held at such place as the
sheriff shall determine as being the most convenient for prospective buyers.
(31)    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. In his or her certificate the commissioner shall state the name of the execution debtor, the
amount of the purchase price, the name of the purchaser and the conditions of the sale.
(32)    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.
[Mhlanga v Sheriff of The High Court 99-HH-070
A. Matindike V Duffy Mitchelle Property Investments (Pvt) Ltd t/a K. M. Auctions & Sheriff 15-HH-215]
(33)    If the purchaser fails to carry out any of his or her obligations under the conditions of sale, the
sale may be cancelled by the sheriff after due notice to the purchaser, and the property may again be
put up for sale.
(34)    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.
(35)    If he or she 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.
(36)    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.
[Nanhanga S v Chalmers D, Motsi & Ass, Chalmers, Sheriff & Registrar Deeds 14-HH-545
not applicable where estate agents fail to find a buyer with a better price, Nyadindu F. and S v Barclays Bank of
Zimbabwe Ltd & Sheriff & Ors 16-HH-135]

(37)    If, after a sale by public auction has taken in place the sheriff is not satisfied that the highest
price offered is reasonable as provided by subrule (14), 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.
[Crusader Real Estate Consultancy (Pvt) Ltd v CABS 99-HH-002
no onus lies on the Sheriff Mhlanga v Sheriff of The High Court 99-HH-070]

(38)    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—
[Kona.F.F & others v Mau.S and Ors 02-SC-194
Nanhanga S v Chalmers D, Motsi & Ass, Chalmers, Sheriff & Registrar Deeds 14-HH-545]

(a)    the sale was improperly conducted; or

(b)    the property was sold for an unreasonably low price;
[Have regard to the equities- Debtor paid creditor before sale confirmed – not set aside
Nyadindu F. and S v Barclays Bank of Zimbabwe Ltd & Sheriff & Ors 16-HH-135
Once the sale had been confirmed there is nothing the Sheriff can do-Jaravaza. B v MBCA Bank & Ors 21-HH-
058
See under the old Rules -Doves Funeral Assurance (Pvt) Ltd v Fernaby Investments (Pvt) Ltd & 5 ors 21-SC-
102]

or
(c)    on any other good ground.
[Matindike A v Duffy Mitchelle Property Investments (Pvt) Ltd t/a K. M. Auctions & Sheriff 15-HH-215
ChiutsI P.v The Sheriff & Ors; Rodgers E. v Madega N.O. & Chiutsi P. 18-HH-604]

(39)    A request in terms of subrule (38) shall be in writing and lodged with the sheriff within 15 days
from the date on which the highest bidder was declared to be the purchaser in terms of subrule (32)or
the date of the sale in terms of subrule (36), as the case may be:
Provided that the sheriff may accept a request made after that 15-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.
(40)    A request in terms of subrule (38) 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.
(41)    A person on whom a copy of a request has been served in terms of subrule (40) may, within
10 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.
(42)    A notice in terms of subrule (41) 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.
(43)    Within 10 days after a copy of a notice has been served on him or her in terms of subrule (41),
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.
(44)    On receipt of a request in terms of subrule (40) and any opposing or replying papers filed in
terms of this subrule, the sheriff shall advice the parties when he or she will hear them and, after
giving them or that 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.
[Matindike A v Duffy Mitchelle Property Investments (Pvt) Ltd t/a K. M. Auctions & Sheriff 15-HH-215]

(45)    Any person who is aggrieved by the sheriff’s decision in terms of subrule (44) may, within 1
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.
[Nyadindu F. and S v Barclays Bank of Zimbabwe Ltd & Sheriff & Ors 16-HH-135
Chikokoko. S V Sheriff, POSB & Madhuke C 17-HH-230
ChiutsI P.v The Sheriff & Ors; Rodgers E. v Madega N.O. & Chiutsi P. 18-HH-604
Mujeyi A v Afrasia Bank Zimbabwe Ltd and 3 Ors 20-HH-202
Matabeleland Hauliers (Pvt) Ltd v Lepar J & Sheriff 20-HB-249]

(46)    In an application in terms of subrule (45), 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.
[Muteweye. W & S v Sheriff, Registrar of Deeds & Ors 19-HH-568]

(47)    Where no request has been lodged with the sheriff in terms of subrule (38) within 15 days
from the date on which the highest bidder was declared to be the purchaser, in terms of subrule (32)
or the date of the sale in terms of subrule (36), as the case may be, he or she shall subject to this rule
confirm the sale.
(48)    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.
(49)    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.
[Barclays Bank of Zimbabwe Ltd v Sheriff of Zimbabwe & Anor 00-SC-068]

(50)    The plan of distribution shall lie in the office of the sheriff for the inspection of parties interested
for 14 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 and Mutare magisterial province, in the office of the registrar of the
court, Masvingo and Mutare; and
(c)    in the case of any other magisterial province, in the office of the provincial magistrate for that
province.
(51)    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.
[Mhlanga v Sheriff of The High Court 99-HH-070
Barclays Bank of Zimbabwe Ltd v Sheriff of Zimbabwe & Anor 00-SC-068]

(52)    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.
(53)    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.
(54)    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.
(55)    The sheriff may also, as to immovable property sold by him or her in execution, do anything
necessary to effect registration of transfer.
(56)    Anything done by the sheriff under subrule (53) shall be as valid and effectual as if he or she
were the execution debtor.
Taxation of costs and review of taxation
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.
(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.
[Another practitioner in the same firm in a different place City of Gweru v Masinire R 20-SC-027
judgment creditor bears the onus .Mahomed Y v Bredenkamp J. & Mashayamombe N.O 20-SC-082]

(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.
[*23rd July, 2021
Zesa Holdings P/L v Gata S 22-HH-273]

(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 SI 82/2000;
[Machiels v Coghlan Welsh & Guest (Law Society Intervening) 98-SC-176
City of Gweru v Masinire R 20-SC-027]

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 (2) shall be reviewed and, if necessary,
amended and published as regularly as the exigency requires 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].
[Machiels v Coghlan Welsh & Guest (Law Society Intervening) 98-SC-176]

(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.
(9)    The charges for witnesses as fixed in the High Court (Fees and Allowances) Rules, 2000 SI
82/2000, as amended are to be considered as payable to the 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.
(16)    Notice of taxation to the party against whom an order for costs has been awarded shall be
necessary in every case except where the party against whom costs have been awarded has either
not entered an appearance to defend or has failed to appear before the court either in person or by
legal practitioners.
(17)    In all cases where a notice of taxation is necessary 3 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 200 kilometres from the seat of the court, the time for service of such notice shall be
regulated by the periods laid by subrule (11) of rule 13.
(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.
(21)    The taxing officer shall, unless the court when awarding costs orders otherwise, allow as party
and party costs.
(22)    In any matter another legal practitioner is employed, the reasonable fee consequent upon such
employment:
Provided that he or she—
(a)    may disallow the fee of another 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;
[Advocate employed EChristian Brothers College v Mpfulili N.O. and Mazibuko. N 20-HB-023]

and
(b)    shall give due consideration to—
(i)    the volume of evidence (oral or written) dealt with by another legal practitioner or which he or she
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.
(23)    In any manner which does not conclude upon the first day, reasonable refreshers for each day
subsequent to the first, except in the case of a review from a magistrates court.
(24)    In the taxing of any party and party bill of costs, the court may authorise departures from the
tariff for good cause.
(25)    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 respecting such point.
[Zesa Holdings P/L v Gata S 22-HH-273]

(26)    A party aggrieved by the decision of a taxing officer may apply to court within 14 days after the
taxation to review such taxation. The application shall be by court application to the taxing officer and
to the opposite party, if such opposite party was present at the taxation or if the court decides that
such opposite party should be represented.
[Gill, Godlonton and Gerrans v Mpofu.J 17-HH-065]

(27)    The taxing officer must, within 10 days after having received the application filed a report with
the court and serve on the applicant and the opposite party, providing reasons for decisions that were
made which are being contested by the applicant.
(28)    The court application shall—
(a)    specify the items forming the subject of the grievance;
[Advocate employed Christian Brothers College v Mpfulili N.O. and Mazibuko. N 20-HB-023
Mahomed Y v Bredenkamp J. & Mashayamombe N.O 20-SC-082]

(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.
(29)    The court deciding the matter may make such order as to costs of the case as it may consider
fit, including an order that the unsuccessful party pay to the successful party the costs of review a sum
fixed by the court.
Imprisonment for debt
73 
(1)    This rule is subject to the provisions of section 49(2) of the Constitution 2013.
(2)    Where the sheriff has issued a return of nulla bona or not sufficient 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.
(3)    The summons shall be in Form No. 45.
(4)    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 (5)
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.
(5)    In an inquiry in terms of subrule (4), 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.
(6)    After an inquiry in terms of subrule (5)—
(a)    subject to section 16 of the Act and subrule (7), if the court is satisfied, having taken into account
the matters referred to in subrule (7), 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 wilful, 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.
(7)    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.
(8)    The court shall not order the imprisonment of a judgment debtor for a period exceeding 3
months unless the court considers that there are special circumstances which justify imprisonment
for a longer period.
(9)    In proceedings under this rule, the court may—
(a)    suspend, on such terms and conditions as the court considers 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 considers
appropriate.
(10)    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.
(11)    Where there are 2 or more orders for personal attachment and imprisonment against the same
debtor such orders shall be cumulative, with effect according to priority of issue of the respective writs
of personal attachment, unless otherwise directed by the court.
(12)    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.
(13)    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 on 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)    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.
(14)    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.
(15)    The court may grant the release of a judgment debtor for good cause shown by him or her in a
chamber application.
(16)    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
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.
[Meki S v Air Zimbabwe (Pvt) Ltd & CBZ 18-HH-027
a bank account held on behalf of a judgment debtor can be attached w/o a garnishee order Daisy Guest House
(Pvt) Ltd v Ecobank & Ors 19-HH-114]

(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 National Army or in Parliament; or
(b)    the Chief Paymaster of the Zimbabwe National Army or the Commander of the Army where the
judgment debtor is employed in the Zimbabwe National Army; 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 it 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; 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 10 days, after receiving a notice in terms of subrule (2)
the Director of the Salary Service Bureau or the Chief Paymaster of the Zimbabwe National Army, 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.
(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 recovered or the
order made, and 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 Army, as the case may be, in terms of subrule (4).
(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. Personal service shall be
effected on the garnishee.
(10)    Subject to the court’s order on the 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 Army, as the case may be, in terms of paragraph (c) of subrule (4).
(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.
(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.
(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 any 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 allegations of any third person under such order, as in subrule (13)
mentioned, 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 order
execution to issue to levy the amount due from such garnishee, together with the costs of the
garnishee proceedings, or any issue or question to 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.
(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 instalments 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.
(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.
(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
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.
(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.
(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 10 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.
(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 fit.
(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.
(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 defendant
76 
(1)    Where a plaintiff proves to the satisfaction of a judge or the registrar that—
(a)    he or she has a good cause of action against a defendant to the amount of level 10 or more; and
(b)    there is good ground for believing that the defendant is about to remove from Zimbabwe; and
(c)    the absence of the defendant from Zimbabwe will materially prejudice the plaintiff in the
prosecution of his or her claim;
the judge or the registrar, as the case may be, 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 or, where the
writ is to be issued by the registrar, shall lodge with the registrar an 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 or the registrar, as the case may be, 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 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.
(3)    The judge or the registrar 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.
(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.
(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.
(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.
(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; 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 satisfied 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 (6) of this rule he or she shall be entitled to immediate discharge from
such arrest.
(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.
(11)    Unless otherwise ordered, the costs of, and incidental to, a writ of arrest shall be costs in the
cause.
(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 in vacation for the discharge of the said arrest, upon giving 24 hours’
notice to the legal practitioner for the plaintiff, or to the plaintiff, if he or she is not represented by a
legal practitioner.
(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.
(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.
(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.
(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, but 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.
(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.
(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.
(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 as in the
case of summons, 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.
(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.
(5)    The party serving the notice shall, within 3 days at the most 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 3 days limited by this rule may under special
circumstances be extended by order of a judge.
(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.
(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 and any other High Court in
Zimbabwe. The judgment shall be registered therein in accordance with the order giving leave to
register.
(8)    The registers shall be arranged in alphabetical order in the surname 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.
(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
proper officer an affidavit of the service of the notice of registration.
(11)    An application under section 11(1) of the Act for a certified copy of the judgment obtained in the
court 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 be sealed with the seal of
the High Court, and shall be certified by the 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 11(1) of the Civil Matters (Mutual
Assistance) Act [Chapter 8:02]
Signed
REGISTRAR”.
(13)    The Minister in terms of section 3(2) of the Civil Matters (Mutual Assistance) Act [Chapter 8:02]
by order in the Gazette, may declare any foreign country or territory to be a designated country or
such provisions of this Act shall apply to any international tribunal, the subrules contained in this rule
shall apply with the necessary changes to a judgment of a superior court in that part of the designated
country or international tribunal to which the operation of the Act is extended.
Duties of registrars and deputy 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.
(2)    The registrar at Harare, Bulawayo, Masvingo and Mutare shall each keep an indexed book to be
called the Civil Record Book, 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.
(3)    As soon as summons is issued, the registrar shall prepare a cover in which every pleading as
received shall be filed and on the front page of which shall be recorded the date on which each
pleading is received. A separate cover shall be kept for each matter to be presented to court.
(4)    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 book under that number. Where the summons or other first document is
issued by a deputy registrar the document shall be numbered by the registrar at Harare or Bulawayo,
Masvingo or Mutare on receipt thereof in terms of subrule (14).
(5)    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.
(6)    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:
Provided that a party filing a document electronically shall also file and deliver a hard copy of such
document.
(7)    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.
(8)    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.
(9)    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.
(10)    The person desirous of withdrawing any exhibit shall state the capacity in which he or she
makes the request.
(11)    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.
(12)    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.
(13)    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.
(14)    For the purpose of issuing summonses and subpoenas and writs under rule 76 in districts other
than Harare or Bulawayo, Masvingo or Mutare, magistrates shall within their respective districts be
deputy registrars of the High Court. A deputy registrar shall, after issuing any summons or writ of
arrest, forthwith transmit the original thereof to the registrar at Harare or Bulawayo or Masvingo or
Mutare, according to the place where appearance is required to be entered, for the purpose of record
in his or her office.
Contempt of court
79 
(1)    The institution by a party of proceedings for contempt of court shall be made by Chamber
application.
[Zion Apostolic Faith Mission Church v Pedzisai J 19-HH-495
- disobedience must be wilful and mala fide Tavengwa G v Tavengwa C 20-HH-681]

(2)    Such chamber 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.
(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.
(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.
[Zion Apostolic Faith Mission Church v Pedzisai J 19-HH-495]

(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 a constable 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 constable or other peace officer to whom it is delivered,
shall execute the same.
Proceedings where one sues or defends as a pauper
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 roster 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 paragraph (a) 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.
(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)    call pleadings, process and documents filed of record by a party proceeding to sue or defend as
a pauper shall be headed accordingly.
(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, 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 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.
(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.
(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)    Wherein relation to any civil or criminal proceedings pending before a court of law of contempt
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 or commercial 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 2 copies of the process or citation to be served, and 2 copies thereof in the English
language;
(b)    service of the process or citation shall be effected by the sheriff or his or her authorised agent;
(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 process server shall return to the registrar one copy of the
process, together with the evidence of service by affidavit of the person effecting the 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.
(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 of subrule (4).
Sheriff
82 
(1)    The sheriff shall notify the registrar of the appointment and removal of every assistant or
additional sheriff and the registrar shall register such appointments and removals in a book kept for
the purpose.
(2)    The sheriff shall, by publication in the Gazette, advertise the appointment and removal of every
Sheriff, and the appointment of every acting Sheriff and the period of such acting appointment.
[Sheriff should not be sued if simply carrying in the absence of allegations of fraud the Warrant issued by the
Judgment Creditor’s legal practitioners Zimbabwe Cricket Union v Muzamhindo A, Chinawa Prtns & Sheriff 17-
HH-336]

(3)    Every 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 Sheriff.
(4)    The security bond to be provided by a Sheriff shall be in the prescribed form.
(5)    A Sheriff or acting 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.
(6)    Where a Sheriff requires leave of absence for a longer period than 2 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 Sheriff, and
the sheriff shall thereupon appoint such person to act as a Sheriff during the absence of such Sheriff.
(7)    The sheriff may remove any acting 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
Sheriff.
(8)    A Sheriff, when he or she expects to be absent from his or her duties, for any purpose, for any
period not exceeding 2 months, shall make proper arrangements in regard to the furnishing of security
as the sheriff may direct.
(9)    The sheriff and his or her deputy 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.
(10)    The sheriff or a 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 sheriff.
(11)    In case of any such rescue or escape the sheriff or deputy responsible shall use all lawful
means for the pursuit, apprehension and security of any such person without any further warrant or
authority.
(12)    The charges allowed by the sheriff for the execution of the process of the court shall be as
prescribed.
[High Court (Fees and Allowances) Rules SI 82/2000]

(13)    The 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.
[Entitlement to commission Bailey NO v Deputy Sheriff of Harare NO 03-HH-003]

(14)    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 sheriff shall not charge a litigant for any service of process upon the sheriff’s office
or the registrar.
(15)    The fees and charges authorised by such tariff shall be payable although the summons or other
process has not been actually served, if the 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 the part of the deputy or other officer charged with the duty of effecting
service.
Interpreters
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.
(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.”
(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.
[High Court (Fees and Allowances) Rules, S.I.82/2000]

Lapsing of summons
84 
(1)    If the summons in an action is not served within 2 years 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.
 PART XIII
AUTHENTICATION
Authentication of documents executed outside Zimbabwe for use within Zimbabwe
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 before a commissioner.
[Includes incorporation documents Ziumbe.F v Westlakes International Finance Ltd & 3 Ors 20-HH-291]

(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—
[Chiyangwa P v Johnston C and 3 Others 20-HH-207]

(a)    of a notary public, mayor or person holding judicial office;

[A Solicitor in UK does not qualify for this function - Tawanda P v Ndebele T 06-HB-027
Again in In re Alice Maenzanise 20-HH-039
A notary public cannot notarise documents that do not emanate from a country where he is based
Ziumbe.F v Westlakes International Finance Ltd & 3 Ors 20-HH-291
Mauritius Coy Resolution NOT invalid with extrinsic evidence City of Harare v Augur Investments, Minister
Local Govt .& Justice Mtshiya 18-HH-727
But see Mystical Trading (Pvt) Ltd & 3 Ors v  Downtown Petroleum (Pvt) Ltd 11-HH-132]

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;
[Affidavit ruled inadmissible Masomera. O N.O. v Hwemende.G, Honey and Blanckenberg & 8 Ors 16-HH-665 –
on appeal 21-SC-006
-vehicle registration book issued in South Africa Gwisai. J. v Min of Home Affairs & COMPOL 19-HH-587]]

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.
(5)    An affidavit sworn 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.
(6)    Nothing contained in this rule shall prevent the acceptance as sufficiently authenticated by any
court, tribunal or public office of any document which is shown, to the satisfaction of such court,
tribunal or public office, to have been actually signed by the person purporting to have signed the
same.
(7)    A commissioner may, where necessary, commission or authenticate documents, whether
executed inside or outside Zimbabwe by electronic means.
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.
(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)    the judge may give any directions he or she deems fit 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.
(3)    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 56(1) 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 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.
(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.
(5)    The process of summoning an accused to answer any indictment preferred against him or her
shall by writ sued out of the office of the registrar by the chief clerk and directed to the sheriff.
(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.
(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.
(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 or Mutare witnesses may be subpoenaed by process taken
out of the magistrate 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).
(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 of 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 other 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 16 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.
(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 4 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.
(25)    No witness shall be bound to attend court before a period of 48 hours has lapsed from the
time at which he or she is first served with a subpoena:
Provided that if any person is served with a subpoena requiring his or her attendance at court at some
time before the date of such service or at a time within 48 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 48 hours of such receipt.
(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 24 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.
(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
88 
(1)    The judge presiding over any trial shall make or cause to be made minutes of 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 of any participation by the court in determining the nature of the case to which the accused has
pleaded guilty;
(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 be either verbatim or in
narrative form and may be recorded in long hand or shorthand or by such mechanical device as the
judge may approve.
(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,
(compile 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.
(4)    The records made in terms of subrule (1) shall be filed in accordance with the instructions of the
registrar.
(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.
(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
89 
(1)    For the service of any process on behalf of the state or any other party, the sheriff shall be paid
prescribed fees and allowances.
(2)    An application in terms of section 161 of the Act 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.
(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.
(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.”
(7)    Whenever any exhibit is produced, the registrar shall call out the number of such exhibit and
shall immediately mark or label the exhibit “H. Ct. Ex—.”
(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.
(11)    The registrar at Harare shall keep an indexed book, to be called the “Criminal Record Book,” in
which he or she shall enter—
(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;
in respect of all cases indicted for trial at Harare.
(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.
(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.
(17)    All documents, notices and process to be issued in terms of these rules and sections 6, 86,
280, 326 and 345 of the Act shall be in the forms prescribed in the Schedule and in particular—
(a)    the notice to be issued in terms of rule 87(2) shall be in the form CP&E 1;
(b)    the notice to be issued in terms of rule 87(2)(b) shall be in the form CP&E 2A or CP&E 2B;
(c)    the summons shall be in the form CP&E 3;
(d)    the notice of trial to be issued in terms of rule 87(3) shall be in the form CP&E 4;
(e)    in the case of subpoenas—
(i)    the general subpoena shall be in the form CP&E 5A;
(ii)    the copies of the subpoena shall be in the form CP&E 5B;
(f)    the notice to be given in terms of Rule 89(2) shall be in the form CP&E 6;
(g)    the prosecutor’s authority to prosecute in terms of section 5 of the Act shall be in the form CP&E
7;
(h)    the proceedings of a preparatory examination re-opened in terms of section 86 of the Act shall
be recorded in the form CP&E 8;
(i)    if a notice in terms of section 278 of the Act is to be issued, it shall be in the form CP&E 10;
(j)    if a notice in terms of section 326 of the Act is to be issued, it shall be in the form CP&E 11;
(k)    if a notice in terms of section 345 of the Act is to be issued, it shall be in the form CP&E 11A.

PART XV
BAIL
Applications for bail
90 
(1)    This Part shall apply to applications and appeals in terms of sections 106, 111, 111A or 112 of
the Act.
(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 7-day period specified in subrule (6) 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.
(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.
(4)    An application to a judge for bail in terms of section 106 or 112 of the Act shall be filed 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
(e)    where the application is made after the applicant has been convicted and sentenced—
(i)    the offence of which the applicant was convicted and the sentence that was imposed; and
(ii)    the court or courts which convicted the applicant and imposed sentence upon him or her; and
(iii)    the court criminal record book number, if that number is known to the applicant; and
(iv)    the date or dates on which the applicant was convicted and sentenced; and
(f)    whether or not bail has previously been refused by a magistrate and, if it has been refused—
(i)    the grounds on which it was refused, if the grounds are known to the applicant; and
(ii)    the date on which it was refused; and
(g)    the grounds on which the applicant seeks release on bail having regard to the provisions of
section 50(1)(d) of the Constitution 2013;
(h)    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 48 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 48 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 3 hours before the hearing of an application for bail, the Prosecutor-General shall
cause the following documents to be filed 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 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 shall determine the application without any recourse to him or her:
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 111 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.
(2)    The registrar shall set down an appeal referred to in subrule (1) within 96 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 96 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 3 hours before the hearing of an appeal referred to in subrule (1), the Prosecutor-
General shall cause the following documents to be filed 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 111A(1)(b) of the Act may be noted,
within 7 days 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 file with the registrar his or her written comments on the appeal at least 3 hours before the
appeal.
(4)    The registrar shall set down an appeal referred to in subrule (1) for hearing by a judge within 48
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 48 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 3 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 to the Supreme Court
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.
(2)    Where application has not been made in terms of subrule (1), an application in writing may be
filed with the registrar within 12 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.
(3)    A copy of the application shall be served 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 2 days of the date of service on him or her.
(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 the presiding judge 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.
(5)    Where an application has not been made within the period of 12 days, an application for
condonation may be filed with the registrar and served forthwith on the Prosecutor-General, together
with an application for leave to appeal and whereupon the Prosecutor-General may, within 3 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.
(6)    No application in terms of subrule (5) may be made after the expiry of 24 days from the date on
which the sentence was passed, unless the judge otherwise orders.
(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.
(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 the word “respondent”, and in addition the
following provisions shall apply.
(9)    If 2 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.
(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 112 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.
(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.
(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.
(6)    An appeal or review shall be instituted by means of a notice directed and delivered 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 filed with the registrar.
(8)    Subject to the provisions of subrule (9), a notice shall be delivered and filed in accordance with
the provisions of subrule (6) within 15 days of the decision appealed against being given or the
termination of the proceedings sought to be reviewed.
(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.
(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:
Provided that, failure to comply with this rule 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.
(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 filed with the registrar and delivered to the other
parties affected within 10 days of receipt of the notice.
(14)    Within 15 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.
(17)    The registrar shall send written 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 15 days after the date of such notification.
(18)    Within 15 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 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 respondent.
(19)    Where the respondent is represented by a legal practitioner, that legal practitioner shall,
within10 days after receiving the heads of argument in terms of subrule (18), 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 appellant or
applicant as the case may be:
Provided that, where the appeal is set down for hearing less than 15 days after the respondent
receives the appellant’s or applicant’s heads of argument, the respondent shall file his or her heads of
argument as soon as possible and in any event not later than 4 days before the hearing of the
appeal or review.
(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:
Provided that notwithstanding the provisions of this rule, the Judge President or Senior Judge may, in
consultation with the parties concerned direct that a contemplated appeal be dealt with as an urgent
matter and direct that it be disposed of, and the appeal be prosecuted, at such time and in such
manner as to him or her seems fit.
(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 6 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, other
than an appeal to which subrule (20) applies, a written notice requiring him or her to file with the
registrar, not later than 4 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:
Provided that the registrar shall give the legal practitioner not less than 5 days’ notice of any such
requirement.
Criminal appeals from the magistrates court
96 
(1)    In these rules:—
“appellant” means an appellant as defined in rules 97, 98, 99 or 100;
“Chapter 7:10” means the Magistrates Court Act [Chapter 7:10];
“court” means the magistrates court.
(2)    These rules shall apply in respect of any appeal relating to the decision of a court in any criminal
matter in which sentence is passed on or after the 1st August, 1979.
(3)    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.
(4)    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.
(5)    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 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.
(6)    The Prosecutor-General or an appellant may amend his or her notice of appeal by lodging a
notice in 5 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 20 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 10 days after the noting of the appeal.
(7)    A copy of a notice of appeal lodged in terms of subrule (6) shall, at the same time as the lodging
of such notice, be served on the other party to the appeal.
(8)    An amendment to a notice of appeal in terms of subrule (6) shall not delay the preparation and
lodging with the registrar of the record of the case to which the appeal relates.
(9)    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 3 weeks after he or she has been notified of the date of hearing of the appeal in terms
of this part subrule (5) of rule 97; subrule (7) of rule 98; subrule (5) of rule 99; or subrule (7) of rule
100, as the case may be:
Provided that, where he or she has agreed to less than 6 weeks’ notice of the date of hearing, he or
she may not renounce his or her agency in terms of this paragraph later than 1 month before the date
of hearing.
(10)    Where an appellant’s legal practitioner wishes to renounce his or her agency in terms of
subrule (9), he or she shall without delay file a notice with the registrar substantially in Form HC MC 1
and, as soon as possible thereafter, serve copies of the notice upon the appellant and upon every
other party to the appeal, and shall lodge proof of such service with the registrar in accordance with
Rule 16.
[Editor’s Note: The rule underlined possibly should be read as subrule (22) of rule 15 ?]

(11)    A renunciation of agency in terms of subrule (9) shall be effective from the date on which the
notice referred to in subrule (10) is filed with the registrar.
(12)    Where an appellant’s legal practitioner wishes to renounce his or her agency after the period
specified in subrule (9), he or she shall 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.
(13)    If the appellant’s legal practitioner purports to renounce his or her agency otherwise than in
terms of subrule (9) or (10) or without leave granted in terms of subrule (12), 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.
(14)    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.
(15)    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 power of law
97 
(1)    Where the Prosecutor-General wishes to appeal in terms of section 61 of [Chapter 7:10 ] against
the finding of the court upon a point of law in any criminal case, he or she shall—
(a)    note the appeal by lodging a notice of appeal in septuplicate with the clerk of the court specifying
the judgment against which the appeal is brought and the point of law in issue; and
(b)    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 5 days of the noting of an appeal in terms of subrule (1) send
one copy of the notice of appeal to the registrar.
(3)    The magistrate shall, within 5 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, deliver to 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 dispatch to the Prosecutor-General a copy of any
statement delivered in terms of subrule (3) and such statement shall become part of the record.
(5)    Within 5 days of receipt of the statement delivered 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 5 days of the lodging of any amendments to the grounds of appeal
in terms of subrule (5), 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.
(7)    The clerk of the court shall immediately dispatch to the Prosecutor-General a copy of any
statement delivered in terms of subrule (6) and such statement shall become part of the record.
(8)    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.
(9)    The clerk of the court shall, as soon as possible and in any event not later than 20 days after
the noting of the appeal in terms of subrule (1), lodge with the registrar the original record together
with 5 typed copies which shall be certified as true and correct copies.
(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 7days’ 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
98 
(1)    Where the Prosecutor-General wishes to appeal in terms of section 62(1)(a) of Chapter 7:10
against sentence, he or she shall, as soon as possible and in any event not later than 10 days after
sentence has been passed—
(a)    note the appeal by lodging a notice in septuplicate 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), send one copy of the notice of appeal to the registrar.
(3)    The magistrate shall, within 5 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,
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 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.
(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 10 days after
the noting of the appeal in terms of subrule (1) lodge with the registrar the original record together with
5 typed copies which shall be certified as true and correct copies.
(6)    One 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).
(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 7 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
99 
(1)    Where the Prosecutor-General wishes to appeal in terms of section 62(1)(b) of Chapter 7:10
against sentence, he or she shall, as soon as possible and in any event not later than 10 days after
sentence has been passed—
(a)    apply for leave to appeal by lodging an application for such leave together with a draft notice of
appeal with the registrar; and
(b)    lodge a copy of the documents referred to in paragraph (a) with the clerk of the magistrates court
concerned.
(2)    The documents referred to in subrule (1)(b) shall be laid before the magistrate who passed the
sentence, and the magistrate shall, within 5 days of the lodging of such documents, 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 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 5 days of the lodging of the documents referred to in subrule
(1)(b), send to 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 forwards to the registrar the manuscript notes of such evidence made by the
magistrate.
(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 notify the clerk of the court
forthwith 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.
(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 10 days after
receiving notice in terms of subrule (7), lodge with the registrar the original record together with 5
typed copies which shall be certified as true and correct copies.
(10)    One 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
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”).
(2)    The appellant shall, within 10 days of the passing of sentence, or, where a request has been
made in terms of the Magistrates Court (Criminal) Rules, within 5 days of the receipt of the judgment
or statement referred to in that rule, whichever is the later, note his or her appeal by lodging with the
clerk of the court a notice in septuplicate 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 51 or
section 58 of Chapter 7:10, the appellant may, by notice in writing to the clerk of the court, within 4
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 5 days of the date on which the determination of the review proceedings
is communicated to him by the clerk of the 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 5 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)    A copy of the notice of an appeal noted in accordance with the provisions of this rule shall be
sent to the registrar.
(7)    The magistrate shall, within 5 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 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 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 5 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 5 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 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 dispatched in terms of subrule (10) or (11) within 4 days of its dispatch by the clerk of the
court to the address given in terms of subrule (2).
(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 20 days after
the noting of the appeal in terms of subrule (2), lodge with the registrar the original record together
with 5 typed copies which shall be certified as true and correct copies, and shall deliver a further copy
to the appellant or his or her legal representative.
(15)    The appellant’s legal representative may uplift from the clerk of the court such further copies of
the record as he or she may require, and shall pay for any such further copies at the rate prescribed
or, if no such rate has been prescribed, at the rate determined by the clerk of the court:
Provided that—
(a) notice of any additional copies of the record required by the appellant shall be given to the clerk of
the court at the time when the appeal is noted or at the earliest possible time thereafter;
(b) if the clerk of the court is unable to supply more than one copy of the record to the appellant, this
shall not delay the setting down or hearing of the appeal.
(16)    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 15 days after the date of such notification.
(17)    Within 15 days after being called upon to file heads of argument in terms of subrule (16) 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.
(18)    Within 15 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 20 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 4 days before the hearing of
the appeal.
(19)    Upon receiving the appellant’s heads of argument in terms of subrule (18), the registrar shall
set the appeal down for hearing:
Provided that, unless the persons concerned agree otherwise, at least 6 weeks’ notice shall be
given to the appellant and the Prosecutor-General.
(20)    If the registrar does not receive heads of argument from the appellant’s legal practitioner within
the period specified in subrule (18), the appeal shall be regarded as abandoned and shall be deemed
to have been dismissed.
(21)    Where an appeal is deemed to have been dismissed in terms of subrule (20), the registrar shall
forthwith send written notification of that fact to the Prosecutor-General and the trial court.
(22)    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 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”).
(2)    The appellant shall, within 10 days of the passing of sentence, note his or her appeal by lodging
with the clerk of the court a notice in septuplicate—
(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.
(3)    The magistrate may, within 4 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
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 5 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 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 the manuscript notes of such evidence made by the magistrate.
(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.
(8)    The magistrate shall, within 5 days of notification in terms of subrule (4), so far as may be
necessary having regard to any judgment or statement 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 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 dispatch 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.
(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 20 days after
receiving notice in terms of subrule (6)(a), lodge with the registrar the original record together with 5
typed copies which shall be certified as true and correct copies and one copy of the record shall be
made available without charge to the appellant.
(12)    The registrar shall, upon receiving the record and copies thereof referred to in subrule (11) set
the appeal down for hearing:
Provided that, unless the persons concerned agree otherwise, at least 6 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.”)
(2)    The appellant shall, within 5 days of the passing of sentence, note his or her appeal by lodging
with the clerk of the court a notice in septuplicate 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 Chapter 7:10, the appellant may, by notice in writing to the clerk of the court, within 4
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 5 days of the date on
which the determination of the review proceedings is communicated to him or her by the clerk of the
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 5 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 give leave for a fresh appeal to be noted.
(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.
(7)    The magistrate shall, within 5 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 if 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 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)    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—
(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)    any statement of agreed facts placed before the magistrate; and
(e)    any record of previous convictions proved at the trial; and
(f)    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
(ii)    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 6 days after
the noting of the appeal in terms of subrule (2), send to the Prosecutor-General a copy of the record
prepared in terms of subrules (9) and (10).
(13)    The Prosecutor-General may, within 2 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 28 days after
the noting of the appeal in terms of subrule (2), lodge with the registrar the original record together
with 5 typed copies which shall be certified as true and correct copies, and shall deliver a further copy
to the appellant or his or her legal representative.
(15)    The appellant’s legal representative may uplift from the clerk of the court such further certified
copies of the record as he or she may require, and shall pay for any such further copies at the rate
prescribed or, if no rate has been prescribed, at the rate determined by the clerk of the court:
Provided that—
(a) notice of any additional copies of the record required by the appellant shall be given to the clerk of
the court at the time when the appeal is noted or at the earliest possible time thereafter;
(b) if the clerk of the court is unable to supply more than one copy of the record to the appellant, this
shall not delay the setting down or hearing of the appeal.
The registrar shall send written notification to the appellant’s legal practitioner as soon as he or she
has received the record and copies thereof referred to in subrule (14), and shall call upon the legal
practitioner to file heads of argument within 15 days after the date of such notification.
(16)    Within 15 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 15 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 deliver a copy to
the appellant’s legal practitioner:
Provided that, where the appeal is set down for hearing less than 20 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 4 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 6 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”).
(2)    The appellant shall, within 5 days of the passing of sentence, note his or her appeal by lodging
with the clerk of the court a notice in septuplicate—
(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.
(3)    The magistrate may, within 4 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 5 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 the manuscript notes of such evidence made by the magistrate.
(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 send 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.
(8)    The magistrate shall, within 5 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, 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 of 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 dispatch 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.
(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—
(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)     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 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 10 days after
receiving notice in terms of subrule (6)(b), lodge with the registrar the original record, together with 5
typed copies which shall be certified as true and correct copies and one copy of the record shall be
made available by the clerk of the court without charge to the appellant.
(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 7 days’ notice shall be given
to the appellant and the Prosecutor-General.
Procedure where certificate to prosecute appeal in person is refused
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 10 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 one 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 5 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
—
(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.
(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.
(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; and
(b)    an adequate statement explaining why the appeal was not noted within the time specified by
these rules.
(4)    The registrar shall, as soon as possible, lay all the papers relating to the application to the
Prosecutor-General, who shall, within 4 days of receiving such notice, in form 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 5 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 5 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.
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—
(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 a physical 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 10 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 25 kilometres of the office of the
registrar.
(5)    As soon as possible after filing a notice of opposition and opposing affidavit in terms of subrules
(2) and (3), the respondent shall serve copies upon the applicant and thereafter file with the registrar
proof of such service within 2 days after service upon the applicant.
(6)    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.
(7)    The court may require the applicant to address it on the merits notwithstanding that the
respondent has been barred.
(8)    The applicant may file with the registrar an answering affidavit together with any supporting
documents, within 10 days of service upon him or her of the notice of opposition and as soon as
possible after filing an answering affidavit the applicant shall serve a copy of it upon each respondent
and file with the registrar proof of any such service within 2 days of the service and thereafter, no
further affidavits may be filed without the leave of the court or a judge.
(9)    Where the respondent has been barred in terms of subrule (6), the applicant may, without notice
to the respondent 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 the
applicant has filed an answering affidavit, the applicant may request the registrar, in writing, to set the
matter down for hearing.
(11)    Where the respondent has file a notice of opposition and an opposing affidavit and, within 10
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.
(12)    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 2013 , 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 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.
(6)    Where there is a statement of agreed facts in terms of the proviso to subrule (4), it shall suffice
for the statement to be incorporated on 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 14 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.
Repeals and savings
109 
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)
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 10 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 our entry
of appearance to defend. You must give the plaintiff or the legal practitioner an address for service
within 5 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
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 property 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. 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)
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
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. 4
Return of Service
Rule 15(22)(a)
SHERIFF

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

Issuing Case
Date action taken
court number

Plaintiff/ Defendant/
Applicant Respondent

Summons Warrant of Warrant of Charges

Summons Other c
C.I. Execution arrest $

Address for service of execution km at

   
or attempt km at

Served personally on-principal A. the person to be served    

B. authorised agent (named and described

     
below)

Served by affixing to outer door

A. place of residence/business    
after unsuccessful diligent search

  B. domicilium citandi    

Served on a responsible person

who gave his or her name
A. at defendant’s residence    
as: ....................... and his or her
position as:

  B. at defendant’s place of business/employment    

  C. defendant’s domicilium citandi    

Served at local registered office

   
corporation/company

Attempt: Service/Execution (see remarks)    

Execution withdrawn/stopped/deemed suspended    

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.    

PLAINTIFF/LEGAL PRACTITIONER SHERIFF Escort    

    Postage    

You may require these charges to be taxed

  Other (Specify)
before payment

Certified a true
  and correct TOTAL $
return

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 .......

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......
at .............................. o’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. ...........
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: .........................................................................., 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 .........................................................................................................., 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)

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
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)
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)
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, legal practitioner or agent, 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, 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

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 .........................................................................................................., 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:

Form No. 18
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)
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

Form 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 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 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 ...........................................................
.......................................................................................................................
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.
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
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)
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 015 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. 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 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)

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 XXX 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.
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:
, Plaintiff
and
, 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 ......
.................................................................
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:
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
(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)

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)
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:
, 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 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
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 ..... ................................................................
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.
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 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
, Defendant
To the Sheriff for Zimbabwe:
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 ..........................................................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
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
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)

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)
*..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.
.........................................................
Sheriff

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) ............................................................................................................
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)
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 No. 42
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)
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 at ………...
(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:
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
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:
.............................................................................................................................
(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 instalments 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:
(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 required 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

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]
NOTICE TO RESPONDENT
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 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.
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

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 ............................ (place 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 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

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
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
....................................................
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
 Request for Commission
Rule 53(18)
To the President and Judges of .............................................................
WHEREAS an action is now pending in the High Court of Zimbabwe, in which
....................................................is Plaintiff, and 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 Lobe 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.
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. ...........
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
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
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 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:
.............................................................................................................................
.............................................................................................................................
.............................................................................................................................
Signed ...................................................................
Presiding Judicial Officer / Registrar / Clerk of Court
COURT STAMP

Form 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 the .............................. day
of .......................................... 20 ...........
.....................................
for Prosecutor-General
The Provincial Magistrate
(Copy to the District Public Prosecutor)

Form 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
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, 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.
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.

Form CP&E 2B
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, 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
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

Form 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.
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

Form 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

Form 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 commanded that you be and 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

Form 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 commanded that you be and 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 ....
............................................
Registrar of the High Court
....................................................
Clerk to the Prosecutor-General

Form 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

Form 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

Form 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

Crime Date of Convictions Sentence
convicted

       

       

       

       

       

       

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)    ..................................

Form 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.
.................................
Prosecutor-General
I certify that this notice was served on the above-named person this ........day of
.........................................20 ....
..............................................
Signature of Serving Officer
Please return this notice, duly completed, to
The Prosecutor-General, Private Bag 7714, Causeway.

Form 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:—

Court before which

Crime Date of Convictions Sentence
convicted

       

       

       

       

       

       

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

............................................
for Prosecutor-General
I certify that this notice was served on the above-named person this ......day
of ..............................20 ....
..............................................
Signature of Serving Officer
Please return this notice, duly completed, to
The Prosecutor-General, Private Bag 7714, Causeway.

Form 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
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
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

SECOND SCHEDULE
(Rule 109)
REPEALED RULES
1  The High Court Rules, 1971, published in Rhodesia Government Notice 1047 of 1971.
2  The High Court (Authentication of Documents) Rules, 1971, published in Rhodesia Government
Notice 995 of 1971.
3  The High Court (Criminal) Rules, 1964, published in Rhodesia Government Notice 452 of 1964.
4  The High Court of Zimbabwe (Bail) Rules, 1991, published in Statutory Instrument 109 of 1991.
5  The High Court (Miscellaneous Appeals and reviews) Rules, 1975, published in Rhodesia
Government Notice 450 of 1975.