UNIVERSITY OF ZIMBABWE

01 FEBRUARY 2022

Faculty: LAW

Department: PROCEDURAL LAW.

Paper code and Title: LB 206

Duration: 1 Hour

Examiner: Mr. Rodgers Matsikidze.

Authorized Materials: The Constitution of Zimbabwe, Magistrates

Court Act, Customary Law and Local
Courts Act and Magistrates Court
(Civil) Rules and recommended
statute.

INSTRUCTIONS:

1. This paper contains one section.

2. Answer ALL questions
3. Start each question on a new page
4. This question paper comprises three printed pages

NB: DO NOT TURN OVER THE QUESTION PAPER OR

COMMENCE WRITING UNTIL INSTRUCTED TO DO SO.
 1. At what stage/s of action procedure can a summons be amended? (1
marks)
2. Explain the importance of non-disclosure of a rejected offer in settlement
by a Plaintiff before a magistrate delivers a judgment. (2 marks)
3. All documents filed in the court are supposed to be served by the
messenger of court? TRUE/FALSE (1 mark)
4. A client has a dispute arising from customary law and wants you to appear
and represent you before a Primary Court. Will you accept the instructions
to represent him? Explain your answer (1 marks)
5. List four grounds, which may result in one making an application for
review of a local court decision? (2 marks)
6. Musa who has been renting a car from Red Car Rentals has approached
you for advice. Her instructions are that Red Car Rental due to high
demand for cars for rental by a local NGO has abruptly terminated their
agreement contrary to the agreement between the parties, which stipulates
two weeks notice. Red Car Rentals simply collected the vehicle from a car
garage where she had sent it for a minor service in terms of the agreement.
She has no vehicle to use and in two days to come she has to collect her
child from a boarding school for a midterm break.
a) Advise her the procedural remedies available (2 marks)
b) Discuss the most appropriate procedural remedy and why you
will advise her not to use other procedural remedies available.
Critique each and every procedural remedy that is capable of
being used herein. (3 marks)
c) What procedural remedy would Red Car Rentals be able to
invoke had it been that Musa had:
i. Not paid the USD5000 monthly rentals as more fully
appearing on an acknowledgment of debt she duly
signed and renounced all exceptions benefits? (1
marks)
ii. Recklessly damaged the car and is denying it. (1marks)
7. Discuss the circumstances where a party to proceedings may not be
compelled to produce certain documents or information at discovery stage?
(3 marks)
8. You a newly appointed Magistrate and you have been requested to preside
on a Pre-Trial Conference meeting. The parties are unrepresented and have
never been at a pre-trial conference. How will you conduct the PTC and
what are the key issues the parties ought to discuss at your PTC? (3
marks)

GRAND TOTAL 20 MARKS