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ADVANCED CIVIL PROCEDURE

SYNOPSIS

APPLICATIONS
Order 32
GENERAL
 Either Court Application or Chamber Application
Rule 226 (1)
 Chamber Application only permissible if falls within specified limits.
Rule 226 (2)
 Any Application must comply with general requirements.
Rule 227
 In particular must be indexed (if more than 5 pages) and must have draft order.
Rules 227 (2) (d) & 227 (3)
 Affidavits to be made by applicant or respondent or by person who can swear to
the facts.
Rule 227 (4)
Manica Zimbabwe Ltd v Chairman of the Labour Relations Board & Anor HH
239/91
 Where extension of any time limits required may make Chamber Application for
extension.
Rule 229
 Respondent may file counter application with opposition papers as either
Court/or Chamber Applications.
Rule 229A
 Court or Judge may permit oral evidence
Rule 229B
 If wrong form of Application used, situation can be remedied unless prejudice
Rule 229C
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COURT APPLICATIONS

 Application by way of Form 29 supported by affidavit/s.

Rule 230
Murewa Kubatana District Council v Murehwa HH 9/89
Alcock No. v Mayhew 1991 (2) ZLR 203
Manyika v Manyika 1983 (2) ZLR 198
Mangwiza v Zumbe NO & Anor 2000 (2) ZLR 489 (SC)
 Filing and Service of application and all supporting affidavits required.
Rule 231 (1) (2) & (3)
 Proof of service to be filed.
Rule 231 (4)
 Respondent’s notice of opposition and opposing affidavits to be filed and served.
Rule 233 (1) & (2)
 No counterclaim in motion proceedings.
Sambureru v Chirunda 1992 (1) ZLR 240
 Proof of service to be filed.
Rule 233 (2)
 If no notice of opposition and opposing affidavit filed respondent barred.
Rule 233 (3)
 Applicant’s Answering affidavit/s
Rule 234 (1)
Rice v Rice 1957 R & N 514
Kleynhans v Van der Westhizen No. 1970 (2) S.A. 742 A.D.
Mobil Oil Zimbabwe (Pvt) Ltd. v Travel Forum (Pvt) Ltd 1990 (1)
ZLR 67 at page 70
Remo Plastics (Pvt) Ltd v P J Rewinding & Auto Repairs (Pvt) Ltd HH 103/90
Crundall Bres (Pvt) Ltd. V Lazarus No & Anor. 1991 (2) ZLR 125
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 Filing and Service of answering affidavits.

Rule 234 (2)
 Proof of service to be filed.
Rule 234 (2)
 No further affidavits without leave.
Rule 235
De Mage (Pvt) Ltd v Zimitra Motors (Pvt) Ltd HH 173/91
 Set Down
Rules 236 & 237
 Heads of Argument to be filed and served by Applicant not less than 5 days prior
to hearing.
Rule 238 (1)
Muzerengi v Muchekwa 1992 (1) ZLR 58
 Heads of Argument to be filed and served by Respondent not less than 3 days
prior to hearing.
Rule 238 (2)
 Hearing and Order
Rules 239 and 240

CHAMBER APPLICATIONS

 Application by way of Form 29B supported by affidavit/s.

Rule 241 (1)
Corrine Van Roogen & Anor v Carlos Antoner & Anor HH 240/14
ZETDC v Ruv inga SC 20/2013
 Where application is for default judgment i.t.o. R 57 or where facts evident from
record no affidavit/s required.
Rule 241 (2)
 Service on all interested partied unless can be made ex parte.
Rule 242
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Where can be made ex parte:

1. Where applicant is the only person interested in the relief which is being
claimed.

2. Where though others may be affected, matter is so urgent that there is no

time to give notice because there is risk of irreparable harm if delayed.
Urgency In Applications
What constitutes urgency:-
a. What constitutes urgency is not only the imminent arrival of the
day of reckoning. A matter is urgent if at the time the need to act
arises, the matter cannot wait.
b. A matter is urgent if when the cause of action arises giving rise to
the need to act, the harm suffered or threatened must be redressed
or arrested there and then.
Kuvarega v Registrar General & Anor 1998 (1) ZLR 188.
Document Support Centre v Mapuvire 2006 (2) ZLR 146
Patson Dzamara& Ors v Commissioner General Police & Ors HH 378/16
Chidawu & Ors v Shah & Ors 2011 (2)ZLR 426
Edward Madza v The Reformed Church in Zimbabwe Daisyfield Trust &
Ors SC 71/14
Dr Vivek Solanke v Autobrand Invstments Pvt Ltd HH 303/17
3. Where though others may be affected, there is a risk of perverse conduct,
which might defeat the purpose of the relief claimed if notice is given.
4. Where the order sought is for directions or to enforce any other provision
of the rules and in circumstances where no other person is likely to
object.
5. Where any other acceptable reason is given why notice should not be
given.
Rule 242
 If no service of application then applicant must set out reasons why in his
affidavit.
Rule 242 (2) (a)
 Certificate of Urgency
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Batsirai Maphosa v Agricultural Bank of Zimbabwe Ltd. & Ors HH

382/16
Madzivanzira v Dexsprint Investments (Pvt) Ltd. HH 145/02
 Ex parte Applications require utmost good faith.
Van Lear v Begley Bros. 1957 R & N 902
Zimdef (Pvt) Ltd. v Minister of Defence & Anor 1985 (1) ZLR 146 at
page 151
 If applicant legally represented then must be accompanied by certificate from
legal practitioner confirming his/her belief in the reasons for proceedings without
notice.
Rule 242 (2) (b)
 Heads of Argument must accompany application.
Rule 243
 Submission to Judge when application urgent.
Rule 244
 Submission to Judge when not urgent
Rule 245
Judges powers:
1. May require deponent of any affidavit or any other person who may assist
in resolution of matter to give evidence under oath or otherwise.
2. require applicants legal practitioner to argue matter
Rule 246 (1)

 Where provisional order requested will be granted if Judge satisfied prima facie
case.
Rule 246 (2)
 Before granting provisional order may require security.
Rule 246 (3)
 Provisional Orders to be in Form 29C, shall specify on whom papers and order to
be served, how service is to be effected and shall specify the time within which
opposition should be filed.
Rule 247 (1)
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 Matter will then proceed as if Court Application.

Rule 247

APPLICATIONS INVOLVING DECEASED ESTATES AND PERSONS

UNDER A DISABILITY
 In case of deceased estate, provisionally insolvent estate or provisional liquidated
company, papers to be served on Master.
Rule 248
 In case of person under disability (including minor) must first make chamber
application for appointment of curator, papers then served on curator who
prepares report.
Rule 249 (1) (2) and (3)
 Time for notice of opposition runs from date of service on Respondent of
curator’s report.
Rule 294 (4)

APPLICATIONS INVOLVING DEEDS REGISTRY

 To be served on Registrar of Deeds.
Rule 250