MIDLANDS STATE UNIVERSITY
FACULTY OF LAW
LB504-ADVANCED CIVIL PROCEDURE MODULE OUTLINE
LECTURER: Mr N Ndlovu LLBS (Hons) UZ, LLM (MSU), Post Grad
Diploma (Stellensboch University), PhD Law (Fort Hare University).
CIVIL PROCEEDINGS IN THE HIGH COURT AND SUPREME COURT OF ZIMBABWE.
JURISDICTION
General principles; claims sounding in money; claims relating to property matrimonial matter.
THE PARTIES TO LITIGATION
Legal capacity
THE FORM OF PROCEEDINGS
Application or Action
Distinction between Summons proceedings and application proceedings.
-Identification of the applicable form of proceedings
-Material dispute of tact-Procedure
THE CONDUCT OF SUMMONS PROCEEDINGS (Action Procedure)
Demand
Summons-Simple summons, combined summons, matrimonial divorce)
Summons
Declaration
Service of Summons
Functional service of summons, manner of service, general(normal
Service, substitute service, edictal citation
FURTHER PROCEEDINGS WHEN ACTION UNCONTESTED
Consent to judgment
Default judgement: claim for debt or liquidated demand
Uncontested demand: consent paper
Application for rescission of judgment
FURTHER PROCEDURE WHEN ACTION CONTESTED
Appearance to defend
Plaintiff’s declaration(if not already filed)
Defendant’s PLEA: PLEA ON MERITS, special PLEA
Defendant’s CLAIM IN RECONVENTION
Plaintiff’s replication
SUBSEQUENT PLEADINGS PROCESSES
Closure of Pleadings
Discovery of Documents, inspection and production of documents
PRETRIAL conference
SETDOWN
TRIAL and proceedings and judgments
OTHER COMMON PLEADINGS AND PROCESSES ARISING DURING CONTESTED ACTIONS
THE PROCEDURE OF BARRING
REQUEST FOR FURTHER PARTICULARS
Applications to strike out
Exceptions
Offers and Tenders in settlement
Application for summary judgment
Application for Dismissal of Action
Amendment of Pleadings
THE CONDUCT OF APPLICATION PROCEEDINGS
Court Application or Chamber Application
Procedure for Court Application _ eg application for contribution towards costs
Application for maintenance pendent like
Application for custody/access of children
Procedure for Chamber Applications (eg urgent application for interdict)
MISCELLANEOUS OR/AND EXTRA ORDINARY PROCEDURES
Provisional sentence
Interpleader
Arrest suspectus de fuga
In forma Pauperis
Review Proceedings
COSTS
General principles
Security of Costs
Taxation of costs
ENFORCEMENT/Execution OF ORDERS/Judgments
Writ of Excution,Attachments of debts, Civil Imprisonment, Contempt of Court.
Difference between attachment of movables and immovable property
Sale in execution of movable and immovable property
PROCEDURE IN THE HIGH COURT (COMMERCIAL DIVISION)
Summons versus application
Action proceedings
Filing of pleadings
Rescission of judgement
Application proceedings
Setdown of matters
THE PROCEDURE OF THE SUPREME COURT
Civil Appeals from the High Court.
PRESCRIBED BOOKS AND MATERIALS
1. High Court of Zimbabwe act,Chapter7:06
2. High Court Rules,ZGN1047/71
3. Supreme Court of Zimbabwe Act 7:13 Supreme Court Rules RGN No 380/1964,section
3
4. The matrimonial Causes Act.
5. Herbstein and Van Winsen,”The Civil Practice of the supreme Courts in South Africa”
4th Ed.
6. Isaacs, Becks Theory and Princoples of Pleadings in Civil Actions” 5 th Ed
7. MaryWelsh, The Civil Practice handbook
8. Drani B, The Civil Practice HandBook
9. Harms, Civi Procedure in the Supreme Court, Butterwoths
10. Herbstein and Van Wiesen, The Civil Practice of the high Courts Of South Africa
Vol 1 and 2, Juta
