Where a party desires to make application for directions after the entry of appearance but before the close of pleadings, he or his legal practitioner may do so by entry in the chamber book stating the grounds on which he seeks leave, and the judge may grant or refuse leave or make such order thereupon as he deems just. The nature of the security and the amount thereof shall be fixed by the registrar with leave to either party to appeal against his decision to the court. Cases where plaintiff must give security, 33. Proceedings by or against persons under their trade name, . . Proceedings by or against persons under their trade name, 8D. (2) In the notice referred to in subrule (1), the sheriff or his deputy may require the execution debtor to deliver to him all documents that relate to the execution debtor’s title to the property under attachment. 164. (3) As soon as possible after filing a notice of acceptance in terms of subrule (1), the person who filed 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 rule 14. Stopping of sale to facilitate settlement of claims, Delivery to sheriff of documents relating to title, . A writ of arrest shall, before delivery to the sheriff or his deputy be endorsed with the plaintiff’s address for service as required by rule 15. Defendant may file further pleadings although pleadings deemed closed, 223 subs by SI of 9; am by SI’s of 1 and 43 of 2. (3) 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. Transmission of telegraphic or faxed copies of process, SERVICE OF PROCESS IN PROCEEDINGS AGAINST STATE, 43B. (5a) Without derogation from subrules (3) to (5), where the dwelling that has been attached is occupied by the execution debtor or members of his family, the execution debtor may, within 10 days after the service upon him of the notice in terms of rule 347, make a chamber application in accordance with subrule (5b) for the postponement or suspension of –, (a) the sale of the dwelling concerned; or. (1) 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: Provided that if the particulars are of debt, expenses or damages, and exceed three folios, the fact may be so stated, with a reference to full particulars already delivered or to be delivered with the pleading. Notice to admit facts or documents: forms and filing, 187. The burden of proof and the right or duty to begin, 438. This rule shall apply to substituted as well as other service. Any such person shall give due notice of the application to the sheriff and other parties interested stating the grounds of his objection, and on the hearing of the application the court may make such order as it deems just. (1) Subject to this rule, all applications made for whatever purpose in terms of these rules or any other law, other than applications 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; or. Application for leave to appeal in proceedings described in section 26(1)(c)(ii) and (d) of Chapter 7:06, 270. Action for restitution of conjugal rights, . We will proceed with formalities of depositions and investigations before the date of the hearing. Preparation and submission of request for commission, . Alternatives to pleading to merits: forms, 138. (a) direct, authorize or condone a departure from any provision of these rules, including an extension of any period specified therein, where it or he, 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, as the case may be, to be just and expedient. For the purpose of issuing summonses and subpoenas and writs of arrest under Order 36 in districts other than Harare or Bulawayo, magistrates shall within their respective districts be district registrars of the High Court. Notice of opposition and opposing affidavits, . (3) Where an order or provisional order has been issued under rule 348A in regard to the sale of a dwelling as defined in that rule, the writ of execution may be withdrawn under subrule (1) at any time while the order or provisional order, as the case may be, remains in force. (4) When a party in any pleading denies an allegation of fact in the previous pleading of the opposite party, he shall not do so evasively, but shall answer the point of substance. (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. (2) The sheriff may also, as to immovable property sold by him in execution, do anything necessary to effect registration of transfer. Criminal trial: application in writing filed with registrar, . 191. Summons for debt or liquidated demand: endorsement. Procedure where co-defendants are opposed in interest to each other, 445. (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. Subpoena necessary defendants and witnesses with this printable summons form for legal cases. Contents of particulars of claim. (1) A deputy sheriff or acting deputy sheriff shall not, in the execution of his duties, leave the area to which he is appointed, nor for any purpose depart from Zimbabwe without the authority first had and obtained of the sheriff. Correction, variation and rescission of judgments and orders, . In an unopposed matrimonial case, it shall not be necessary for the plaintiff to give oral evidence if, not later than ten o’clock in the morning –. ], . Magistrate a commissioner of court for examining witnesses, 423. (2) Rules 231 to 240 shall apply mutatis mutandis to the enrolment and hearing of a matter consequent upon the issue of a provisional order referred to in subrule (1): 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. Copies of documents to be filed with pleadings, . Special case affecting person under disability, 203. 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