COUNCIL FOR LEGAL EDUCATION
CIVIL PRACTICE AND PROCEDURE EXAMINATION
(Candidates may have rules of court and any other relevant enactments available when writing the
examination)
I
THE PROCEDURE OF THE MAGISTRATES COURT
JURISDICTION AND THE LIMITS THERETO
ISSUING AND SERVICE OF DOCUMENTS
SUMMARY PROCEDURES
Default Judgement
Consent to Judgement
Payment into Court
Exception to Summons
Special Pleas
Summary Judgement
Exception to Plea
PRE TRIAL PROCEDURES
Request for Further Particulars to Summons
Plea
Request for Further Particulars to Plea
Reply
Close of Pleadings
Discovery of Documents
Pre-Trial Conference
Request for Further Particulars for purposes of Trial
TRIAL PROCEDURES
Set Down
Judgement
ENFORCEMENT OF JUDGEMENT
Warrant of Execution
Garnishee Order
Civil Imprisonment
RESCISSION OF JUDGEMENT
APPEALS
1
Right of Appeal
Procedure for Noting of Appeal
Execution of Judgement pending Appeal
II
THE PROCEDURE OF THE MAINTENANCE COURT
APPLICATION FOR MAINTENANCE ORDERS
ENFORCEMENT OF MAINTENANCE ORDERS
READING LIST
1.
Magistrates Court Act, Chapter 7:10
2.
Magistrates Court (Civil Rules) Statutory Instrument 290 of 1980
3.
Maintenance Act , Chapter 5:09
4.
A Guide to Civil Procedure in the Magistrate's Court (Available from the
Legal Resources Foundations, Legal Publication Unit)
III
THE PROCEDURE OF THE HIGH COURT
JURISDICTION:
General Principles
Claims sounding in money
Claims relating to property
Matrimonial matters
PARTIES:
Legal Capacity
FORM OF PROCEEDINGS:
Action or Application
PROCEEDINGS BY WAY OF ACTION:
Commencement of Proceedings
Demand
Summons
Declaration
Service
FURTHER PROCEDURE WHEN ACTION UNCONTESTED
Judgement by Consent
Judgement in Default
Uncontested Divorce Order
2
Application for Rescission of Judgement
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
Closure of Pleadings
Application for Directions
Discovery
Pre-trial Conference
Set Down
Trial
OTHER COMMON PROCEDURES ARISING DURING CONTESTED
ACTIONS
Procedure for Barring
Request for Further Particulars
Applications to Strike Out
Exceptions
Payment into Court
Application for Summary Judgement
Application for Dismissal of Action
Amendment of Pleadings
PROCEEDINGS BY WAY OF APPLICATION:
On Notice or Ex Parte
Court Application or Chamber Application
Procedure for Court Applications
Procedure for Chamber Applications
MISCELLANEOUS PROCEDURES:
Provisional Sentence
Interpleader
Arrest of Defendant
In Forma Pauperis
Review
COSTS:
3
General
Security for Costs
Taxation of Costs
EXECUTION/ENFORCEMENT
Writ of Execution
Garnishee
Civil Imprisonment
Contempt of Court
APPEALS
Procedure for noting and prosecution of Appeals from the
Magistrates Court
Execution of Judgement pending Appeal
READING LIST
1.
2.
3.
South
High Court of Zimbabwe Act, Chapter 7:06
High Court Rules, Zimbabwe Government Notice No. 1047/71.
Herbstein & Van Winsen: "The Civil Practice of the Supreme Courts in
Africa"
IV
THE PROCEDURE OF THE SUPREME COURT
NOTING AND PROSECUTION OF APPEALS FROM THE HIGH COURT
READING LIST
1.
Supreme Court of Zimbabwe Act, Chapter 7:13
2.
Supreme Court Rules, RGN. No. 380 of 1964
4