Chapter 7:06 High Court Rules, 1971

Rule 5(4).

Form No. 2

Summons

Rule 12(1).

Case No......

IN THE HIGH COURT OF ZIMBABWE

In the matter between:

Plaintiff

(Full names)

and

Defendant

(Full names)

of:

(Physical address of defendant’s residence 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 seeks. If he 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 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 deputy 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.5A duly completed, to the Registrar who issued it.

Dated at this day of, 2

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)

Chapter 7:06 High Court Rules, 1971

No. 4

Summons (Provisional sentence on mortgage bond)

Rule 22.

Case No......

IN THE HIGH COURT OF ZIMBABWE

In the matter between:

Plaintiff

(Full names)

and

Defendant

(Full names)

of:

(Physical address of defendant’s residence 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 mortgage bond which was executed on the …………… (date) by ……………………… (full names of mortgagor) in favour of ………………………… (full names 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 deputy 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.

Dated at this day of, 2

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)

Chapter 7:06 High Court Rules, 1971

Form No. 5

Summons (Provisional sentence on liquid document)

Rule 22.

Case No......

IN THE HIGH COURT OF ZIMBABWE

In the matter between:

Plaintiff

(Full names)

and

Defendant

(Full names)

of:

(Physical address of defendant’s residence and/or place of business)

SUMMONS

To the defendant named above:

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.]

If you do not take the action described in the previous paragraph, provisional sentence may be given against you.

Dated at this day of, 2

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)

Chapter 7:06 High Court Rules, 1971

Form No. 6

Certificate of service by a legal practitioner

Rule 42B

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 ...... 2 ...... , 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, 2

Signature ......

Chapter 7:06 High Court Rules, 1971

Form No. 7

Certificate of service by a person in the employ of a legal practitioner

Rule 42B

Case No......

IN THE HIGH COURT OF ZIMBABWE

In the matter between:

Plaintiff

and

Defendant

I, ...... a clerk in the employ of ...... the Legal Practitioner of record for the plaintiff/defendant, hereby certify that at ...... (state precisely where service was effected) on the ...... day of ...... 2 ...... , at ...... o’clock in the forenoon/afternoon, I served the following documents, namely:— ...... upon ...... by ...... (state method of service).

DATED at this day of 2

Signature ......

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 ......

Chapter 7:06 High Court Rules, 1971

Form No. 8

Notice of entry of appearance to defend

Rule 49

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 ...... 2 ...... , the defendant entered appearance to defend this action.

The summons was served on the defendant on the ……………… day of …………………………, 2……

The defendant’s address for service is:

The defendant’s postal address is:

Signature ......

Legal Practitioner for Defendant/

Defendant

To: ......

of ......

(Plaintiff or plaintiff’s Legal Practitioner)

Chapter 7:06 High Court Rules, 1971

Form No. 9

Notice of intention to bar

Rule 80

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, 2

[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 his deputy) or a certificate of service in Form No. 6 or 7, as the case may be.]

Chapter 7:06 High Court Rules, 1971

Form No. 10

Consent to removal of bar

Rule 82

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 ...... 2 ...... , in the above-named case.

Dated at this day of, 2

......

Plaintiff’s/Defendant’s Legal Practitioner

To the Registrar of the High Court

Chapter 7:06 High Court Rules, 1971

Form No. 11

Confession of defence

Rule 136(2)

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 plea).

Dated at this day of, 2

Plaintiff’s Legal Practitioner

To the Registrar the High Court

(Defendant’s Legal Practitioner)

Chapter 7:06 High Court Rules, 1971

Form No. 12

Rule 137(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, 2

Plaintiff’s/Defendant’s Counsel

Plaintiff’s/Defendant’s Legal Practitioner

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, 2

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

Case No......

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, 2

Plaintiff’s/Defendant’s Legal Practitioner

Address

To the Registrar the High Court

And to:

(d) Plaintiff’s/Defendant’s application for further particulars

Case No......

IN THE HIGH COURT OF ZIMBABWE

In the matter between:

Plaintiff

and

Defendant

PLAINTIFF’S/DEFENDANT’S APPLICATION FOR FURTHER PARTICULARS

To enable him to plead 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, 2

Plaintiff’s/Defendant’s Legal Practitioner

Address

To the Registrar the High Court

And to:

Chapter 7:06 High Court Rules, 1971

Form No. 13

Request for particulars for purposes of trial

Rule 143

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 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)