52.56 KB 222 downloads

SI 2016-35 Small Claims Court (General) (Amendement) Rules, 2016 (No. 5)

51.18 KB 319 downloads

SI 2019-196 - Small Claims Courts (General) (Amendment) Rules, 2019 (No. 6)

3.08 MB 214 downloads

Constitutional Court Rules, 2016

414.23 KB 4644 downloads

High Court Rules 1971

5.11 MB 1085 downloads

Magistrates Court (Civil) Rules, 2018

 

ARRANGEMENT OF RULES Rule

ORDER 1

APPLICATION AND INTERPRETATION

2. Date of commencement and application.
3. Application of Orders 16 to 19. 4. Forms.

'HÀQLWLRQVDQGUHFNRQLQJRIWLPHDQGGLVWDQFH

6. Provisions for electronic communications.

ORDER 2

MESSENGER OF THE COURT

1. Service of process through messenger.
2. Duty of messenger and police.
3. Return of service.

ORDER 3

CLERK OF COURT

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0DJLVWUDWHPDSHUIRUPFOHUN·VIXQFWLRQV

0DJLVWUDWHDQGFOHUNQRWWRZULWHGRFXPHQWVIRUSDUWLHV

&OHUNRIFRXUW·VRIÀFHKRXUV

ORDER 4

REPRESENTATION OF PARTIES

1. Who may represent party.
2. Proof of authority to act for party.
3. Death or incapacity of party.
4. Substitution of executor, etc.

71

DISTRIBUTED BY VERITAS

e-mail: [email protected]; website: www.veritaszim.net

Veritas makes every effort to ensure the provision of reliable information, but cannot take legal responsibility for information supplied.

 

ORDER 5

PROCEEDINGS IN FORMA PAUPERIS  ,QLWLDOFRQVXOWDWLRQZLWKFOHUNRIFRXUW

2. Instituting and defending proceedings.
3. Fees and costs.

ORDER 6

WHEN LEAVE OF COURT REQUIRED FOR ISSUE OF PROCESS  1. Application to proceed against President or judges.

ORDER 7

SERVICE OF PROCESS, NOTICES, ETC.

2. Application of order.
3. Who may serve process.
4. When process may be served. 5. Manner of service of process.

6HUYLFHZKHUHSHUVRQWREHVHUYHGSUHYHQWVVHUYLFHRUFDQQRWEH

found.

6HUYLFHRQWZRRUPRUHSHUVRQV  8. Service by registered post.

6HUYLFHRISURFHVVZKHUHHMHFWPHQWRUSDPHQWRIUHQWLVVRXJKW

10. Proof of service.
11. Change of address for service.
12. Service by telegraph facsimile or electronic mail.
13. Inspection of original of process.
14. Substituted service.
15. Edictal citation.
16. Minimum time for service of process in particular cases.
17. Service of process in claims against the State.
18. Order not to affect jurisdiction of court.

 

ORDER 8

SUMMONS COMMENCING ACTION

Rule

1. Issue of summons and time to enter appearance.
2. Contents of summons.
3. Contents of particulars of claim.
4. Other matters to be included in summons.
5. Multiple or alternative claims in one summons.
6. Actions by or against partnerships, etc.
7. Amendment of summons.

ORDER 9

COUNTERCLAIMS

1. Application of Rules to counterclaims.
2. When counterclaim to be made. 3. What may be counterclaimed.

(IIHFWRIFRXQWHUFODLPRQSODLQWLII·VULJKWWRDSSOIRUVXPPDU

or default judgment.

3ODLQWLII·VFODLPDQGFRXQWHUFODLPPDEHWULHGVHSDUDWHO  'HIHQGDQWLQFRXQWHUFODLPPDQRWPDNHDFRXQWHUFODLP

&RXQWHUFODLPPDEHSURFHHGHGZLWKHYHQLISODLQWLII·VDFWLRQLV ZLWKGUDZQ

ORDER 10

APPEARANCE TO DEFEND

1. Method of entering appearance.
2. Late appearance effective if no application for default judgment is made.
3. Contents of memorandum of intention to defend.
4. Entry of appearance: defendant may still except to action.

 

ORDER 11

JUDGMENT BY CONSENT OR DEFAULT

1. Consent to judgment and effect on costs; effect of partial consent and joint consent.
2. Application for default judgment.
3. Barring, judgment in default of plea; removal of bar.
4. When judgment by consent or in default may be entered.

ORDER 12

FURTHER PARTICULARS

1. Supply of copies of documents and inspection of originals.
2. Application for further particulars.
3. Further particulars after close of pleadings.

ORDER 13

PAYMENT INTO COURT, OFFERS AND TENDERS

1. Payment into court of full sum claimed.
2. Offer in settlement. 3. Offers to settle by third parties (sureties, co-defendants, etc).

3URFHGXUHZKHUHSODLQWLIIIDLOVWRSURYHWKDWWKHUHLVPRUHGXH WKDQZDVRIIHUHG

5. Payment into court of sum tendered.
6. Tender of performance. 7. Acceptance of tender or tender of performance.

1RQGLVFORVXUHRIRIIHURUWHQGHULQVSHFLÀHGFLUFXPVWDQFHV

9. Payment out: time limitation.

ORDER 14

EXCEPTIONS, MOTIONS TO STRIKE OUT AND SPECIAL PLEAS

1. When exception to summons may be made.

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 $SSOLFDWLRQWRVWULNHRXWFODLPRUPDWHULDOLQVXPPRQV

&RPSODLQWEOHWWHUEHIRUHDSSOLQJWRVWULNHRXWRUÀOLQJH[FHSWLRQ  (IIHFWRIVXFFHVVIXOH[FHSWLRQRUPRWLRQWRVWULNHRXW

6SHFLDOSOHDVZKLFKFDQEHDGMXGLFDWHGRQRXWVLGHPDLQFDVH

3URFHGXUHRQÀOLQJVSHFLDOSOHDH[FHSWLRQRUDSSOLFDWLRQWRVWULNH

out.

8. Special pleas, etc. to be stated or made at one time: pleading to

merits.

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ORDER 15

SUMMARY JUDGMENT

1. When application for summary judgment may be made.
2. Procedure on application for summary judgment.
3. Courses open to court.
4. Use in subsequent proceedings of evidence given at application

for summary judgment.

3URFHGXUHZKHUHGHIHQGDQWSDUWOVXFFHVVIXO

ORDER 16

PLEA

1. When plea must be lodged; signing of plea. 2. Contents of plea.

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4. Bare denial or general defence not admissible.
5. Plea of tender. 6. Allegation in plea of payment into court.

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0RWLRQWRVWULNHRXWGHIHQFHV

(IIHFWRIVXFFHVVIXOH[FHSWLRQRUPRWLRQWRVWULNHRXW

 

ORDER 17

REPLY; CLOSURE OF PLEADINGS

1. Plaintiff may reply to plea.
2. Rules applicable to reply.
3. Effect of failure to reply.
4. Closure of pleadings.

ORDER 18

DISCOVERY AND INSPECTION OF DOCUMENTS

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be used by other party.

2. Supply of documents or copies thereof.
3. Notice requiring other party to produce documents at trial. 4. Notice of inspection, and inspection of, undisclosed documents.

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&RXUWRUPDJLVWUDWHPDLQVSHFWGRFXPHQWIRUZKLFKSULYLOHJHG claimed.

ORDER 19

PRE-TRIAL CONFERENCE, SETDOWN OF TRIALS AND TRIALS  1. Pre-trial conference.

6HWGRZQRIWULDO

:KHUHWULDOWRWDNHSODFH  4. Magistrate may consult counsel in chambers before trial.  3UHVHQFHRISDUWLHVDQGZLWQHVVHV

6. Facts in issue, admissions and questions of fact.

2UGHULQZKLFKHYLGHQFHWREHOHG

8. Filing of interrogatories.

ORDER 20

WITHDRAWAL AND DISMISSAL

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1RWLFHRIZLWKGUDZDORIDFWLRQRUDSSOLFDWLRQ

3. Application for dismissal of action.

ORDER 21

RECORD OF PROCEEDINGS

1. Minutes of record.
2. Recording in shorthand.
3. Correction of errors in record.

ORDER 22

APPLICATIONS

1. Notice to be given of application.
2. Response to application. 3. Counter-applications.

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6. When appearance to defend is deemed to have been entered.
7. When ex parte application procedure can be used and the procedure WREHIROORZHG

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9. General provisions re applications.
10. Urgent applications.

ORDER 23

INTERDICTS AND ATTACHMENTS

1. Method of application. 2. Security for damages.

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parte orders.

4. Service of ex parteRUGHUDQGGLVFKDUJHRQFDXVHVKRZQ
5. Discharge on giving of security.
6. Minutes of order.

 

Rule

:KHQ LQWHUGLFW ZDUUDQW IRU DUUHVW RU DWWDFKPHQW WR FRQÀUP jurisdiction may be executed.

ORDER 24 SUBPOENAS

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2. Service of subpoena by messenger.
3. Person failing to appear.

ORDER 25

INTEREST

1. Interest from date of issue of summons.
2. Interest from date of judgment.

ORDER 26

EXECUTION

1. Warrant for execution of judgment. 2. Furnishing of security by judgment creditor.

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of attachment; accounting for proceeds of sale in execution.  -XGJPHQWGHEWRUDÀUPRUPHPEHURIDÀUP  5. Notice to debtor of proposed execution.

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7. Attachment of leases, negotiable instruments, etc. 8. Execution against immovable property.

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ORDER 27

INTERPLEADER

1. When interpleader relief may be claimed, commencement of interpleader, etc.
2. Duties of applicant.

 

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3URFHGXUHZKHUHPDWWHUVLQLVVXHDUHWULHG

5. Orders as to costs.

ORDER 28

CIVIL IMPRISONMENT

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,QTXLULQWRMXGJPHQWGHEWRU·VIDLOXUHWRSD  3. When court may issue decree of civil imprisonment.

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6. Debtor failing to pay instalments. 7. Effect of multiple orders for civil imprisonment.

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&OHUN RI &RXUW PD UHOHDVH GHEWRU IURP SULVRQ LQ FHUWDLQ

circumstances.

10. Releaser of debtor by court.

ORDER 29

GARNISHEE ORDERS  +RZDSSOLFDWLRQWREHPDGH

2. Notes to appear on order.
3. Garnishee order against the State.
4. Opposition by judgment debtor. 5. Garnishee to pay money to messenger.

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7. Judgment debtor ceasing to be employed by garnishee.

ORDER 30

RESCISSION, VARIATION OR CORRECTION OF JUDGMENTS AND ORDERS  1. Application for rescission or variation of default judgment.

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Rule

3. Application of Order to rescission of other judgments.

ORDER 31

APPEALS AND REVIEWS  1. Method of noting appeal or cross-appeal.

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4. Record of trial. 5. Abandonment by respondent of judgment.

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8. Omission of exhibits and portions of documents by consent.

ORDER 32

COSTS AND MESSENGER’S FEES

1. Orders as to costs.

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ORDER 33

CONSTITUTIONAL APPLICATIONS, REFERRALS AND APPEALS

1. Applications for determination of constitutional issue. 2. Notice of opposition.

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6HWGRZQRIDSSOLFDWLRQV  5. Referrals to the Constitutional Court.

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7. Appeals to the Constitutional Court.

 

ORDER 34

GENERAL Rule

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2. Extension of prescribed time limits.
3. Adjournment or postponement of case. 4. Failure by party to appear.

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6. Validity of process and pleadings.
7. Records, etc., of previous trials.
8. Joinder of third party.
9. When defendant may require plaintiff to provide security for costs.
10. Lapsing of summons.
11. Practice directions.12. Practice directions.
12. Repeals.

F IRST SCHEDULE: Forms.

SECOND SCHEDULE: Tariffs of Fees—

TABLE A: TARIFF OF LEGAL PRACTITIONERS’ FEES.

TABLE B: TARIFF FOR THE MESSENGER OF COURT.       TABLE C: TARIFF OF COURT FEES.

THIRD SCHEDULE: Repeals.

F_OURTH S_CHEDULE: Service of Process Upon SWDWHRIÀFHUV  ,7LVKHUHEQRWLÀHGWKDWWKH0LQLVWHURI-XVWLFH/HJDODQG

Parliamentary Affairs has, in terms of section 73 of the Magistrates

Court Act [Chapter 7:10@PDGHWKHIROORZLQJUXOHV³

ORDER 1

APPLICATION AND INTERPRETATION

Title

1. These rules may be cited as the Magistrates Court (Civil) Rules, 2019.

 

Date of commencement and application

2. These rules shall (unless the Chief Justice earlier by notice in the _GazetteVSHFLÀHVDQHDUOLHURUODWHUGDWHRIFRPPHQFHPHQW

come into operation on the 1st February, 2019, and shall have effect in relation to all civil proceedings in a court, including so as is practicable proceedings pending on the date of commencement.

Application of Orders 16 to 19

3. Orders 16 to 19 apply only if the plaintiff— (a)        does not apply for summary judgment;  or

(b) having applied for summary judgment, an order is made giving the defendant leave to defend.

Forms        4. (1) The forms contained in the First Schedule may be used ZLWKVXFKYDULDWLRQVDVFLUFXPVWDQFHVUHTXLUH

1RQFRPSOLDQFHZLWKVXEUXOHLVQRWLQLWVHOIDJURXQG IRUH[FHSWLRQEXWWKHFOHUNRIWKHFRXUWPDUHIXVHWRXVHDQSURFHVV ZKLFKGRHVQRWFRPSOZLWKWKHSUHVFULEHGUHTXLUHPHQWV

• All process of the court for service or execution and all GRFXPHQWVRUFRSLHVWREHÀOHGRIUHFRUGVKDOOZKHUHSUDFWLFDEOHEH on A4 paper.
• All process of the court or notices or documents delivered VKDOOEHHQGRUVHGZLWKWKHQDPHVDQGDGGUHVVHVRIWKHSDUWLHVDQGWKH case number.

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5. (1) In these rules—

“company” means an incorporated or registered company;  “copy” means a true and correct copy;

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thereof or an application and pleadings thereof is issued DQGVWDPSHGEWKHFOHUNRIFRXUW

“default judgment” means a judgment given in the absence RIWKHSDUWDJDLQVWZKRPLWLVPDGH

 

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party;

“form” means the appropriate form set out in the First Schedule;  “give security” means to give security to the satisfaction of WKHFOHUNRIWKHFRXUWE³

• payment into court of the amount in question; or
• the giving of a security bond therefor, either by DSDUWZLWKVRPHRQHDVKLVRUKHUVXUHWZKRLV

DSSURYHGEWKHFOHUNRIWKHFRXUWRUEWZRRU PRUHSHUVRQVZKRDUHVRDSSURYHG

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of money;

“month” means a calendar month;

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´RZQHUµDQGRWKHUOLNHWHUPVZKHQXVHGLQUHODWLRQWRSURSHUW RUDFWVLQFOXGHFRUSRUDWLRQVRIDOONLQGVDQGDQRWKHU DVVRFLDWLRQVRISHUVRQVFDSDEOHRIRZQLQJRUKROGLQJ property;

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“plaintiff”, “defendant”, “applicant”, “respondent” and “party” include, for the purpose of service, notice, appearance, endorsement and signature, the legal practitioner appearing for any such party;

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“property” includes everything animate or inanimate, corporeal RULQFRUSRUHDOZKLFKLVFDSDEOHRIEHLQJWKHVXEMHFWRI RZQHUVKLS

´VKRUWKDQGZULWHUµ LQFOXGHV WKH RSHUDWRU RI D UHFRUGLQJ

machine;

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SURSHUWRIDQSHUVRQDQGZKLFKLVWKHHYLGHQFHRIWKH RZQHUVKLSRIDQSURSHUWRURIWKHULJKWWRUHFRYHURU receive any property.

• Where anything is required by these rules to be done ZLWKLQDSDUWLFXODUQXPEHURIGDVRUKRXUVD6DWXUGDXQGDRU SXEOLFKROLGDVKDOOQRWEHUHFNRQHGDVSDUWRIVXFKSHULRG
• All distances shall be calculated over the shortest route reasonably available in the circumstances.

 

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6. (1) The Chief Magistrate may, on application being made substantially in the form prescribed in Form CIV A1, authorise (subject WRWKLVUXOHDFOHUNRIFRXUWOHJDOSUDFWLWLRQHURUPHVVHQJHURIFRXUW WRXVHDQHOHFWURQLFPDLODGGUHVVZHEVLWHSRUWDORURWKHULQWHUDFWLYH HOHFWURQLFOLQNIRUHIIHFWLQJQRWLFHVVHUYLFHRISURFHVVÀOLQJVRURWKHU WUDQVDFWLRQVZLWKRUWKURXJKDPDJLVWUDWHVFRXUW

• No application under subrule (1) that is made by a legal practitioner shall be considered by the Chief Magistrate unless—

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previously been authorised by the Chief Magistrate  to XVHDQHOHFWURQLFPDLODGGUHVVZHEVLWHSRUWDORURWKHU LQWHUDFWLYHHOHFWURQLFOLQNIRUHIIHFWLQJQRWLFHVVHUYLFH RISURFHVVÀOLQJVRURWKHUWUDQVDFWLRQVZLWKRUWKURXJK the magistrates court in question;  and

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her support of the application in the appropriate space in Form CIV A1.

• Upon receiving an application made by legal practitioner LQDFFRUGDQFHZLWKVXEUXOHWKH&KLHI0DJLVWUDWHPD³

 

D UHPLWWKHDSSOLFDWLRQEDFNWROHJDOSUDFWLWLRQHUWKURXJK WKHFOHUNRIWKHFRXUWLQTXHVWLRQZLWKDUHTXHVWWKDWWKH legal practitioner supply further particulars in support RIRULQFRQQHFWLRQZLWKWKHDSSOLFDWLRQRU

(b) refuse the application, giving reasons therefor;  or

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shall retain one copy for his or her records and return the other one to the applicant legal practitioner.

• Any notice or process that under these rules can be served by hand delivery or registered post can be effected by communication WKURXJKDQHOHFWURQLFPDLODGGUHVVZHEVLWHSRUWDORURWKHULQWHUDFWLYH HOHFWURQLFOLQNLIWKHOHJDOSUDFWLWLRQHUVRIDOOWKHSDUWLHVLQYROYHG LQWKHPDWWHUFRQFHUQHGDQGWKHFOHUNRIWKHFRXUWLQTXHVWLRQHDFK

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• The authentication of any electronic communication shall EHHIIHFWHGEPHDQVRIHOHFWURQLFVLJQDWXUHVWKHNHHSLQJRIFHUWLÀHG EDFNXSFRSLHVRIWKHFRPPXQLFDWLRQLQSDSHUIRUPRUEVXFKRWKHU means as may be directed from time to time by the Chief Magistrate.
• The Chief Magistrate may approve any electronic platform for the payment of any fee or charge, the advertisement of any thing or matter or the conduct of any auction or sale for the purpose of these rules.
• The Chief Magistrate, after consulting the Judge President, may give directions of general application to magistrates—

(a) in implementation of section 44A (“Electronic sittings of court”) of the Act;

E WKHFRQGLWLRQVVXEMHFWWRZKLFKFRSLHVRIWKHUHFRUGRI DWULDORUUHYLHZUHFRUGLQWHUPVRI2UGHU´$SSHDOV DQG5HYLHZVµEHPDGHDQGSURYLGHGLQHOHFWURQLFIRUP

instead of in paper form;

(c)    concerning the implementation of this rule.

 

(7) Every—

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LQWHUDFWLYHHOHFWURQLFOLQNDXWKRULVHGXQGHUVXEUXOH

• direction concerning the authentication of electronic communications made under subrule (3);
• platform approved for the purposes of subrule (4);
• direction given under subrule (5);

shall be published by general notice in the Gazette, and no such authorisation, approval or direction shall have effect until it

423.61 KB 695 downloads

High Court (Commercial Division) Rules, 2020
ARRANGEMENT OF SECTIONS
PART I
Preliminary
Section
1. Title.
2. Date of commencement and purpose.
3. Interpretation.
4. Application.
5. Jurisdiction.
Commencement and Determina tion of Nature of Proceedings
6. Commencement of Proceedings.
7. Determination of Nature of Proceedings.
PART II
Action Proceedings
8. Nature of summons and declaration.
9. Additional information to be contained in summons and
declaration.
10. Appearance to Defend.
11. Summary Judgment.
12. Plea.
13. Signing of summons and declaration.
14. Failure to file a plea or other answer to summons and declaration.
15. Setting aside of default judgment.
Pre-Trial, Case Management and Scheduling of Hearings
16. Allocation of cases.
17. Management of cases generally to be determined by the
Presiding Judge.
18. Power to make and give directions for the disposal of suits.
19. Pre-trial case management hearings to be held when directed
by a Judge.
20. Notification of case management pre-trial conference set down.
High Court (Commercial Division) Rules, 2020
620
21. Failure to appear of one or more parties.
22. Power of court to control evidence.
23. Set down and conduct of trials.
24. Closing submissions at the end of a trial.
PART III
Application Procedure
25. Nature of applications.
G eneral Provisions Applicable to all Applications
26. Written applications, notices and affidavits.
27. Counter-applications.
28. Adoption of incorrect form of application.
Court Applications
29. Form of court application.
30. Filing and service.
31. Time for opposition.
32. Notice of opposition and opposing affidavits.
33. Answering affidavit.
34. Further affidavits.
35. Set down of applications.
36. Heads of Argument.
37. Hearing of court applications.
Chamber Applications
38. Form of chamber applications.
39. Service of chamber applications.
Chamber Applications
40. Urgent chamber applications.
41. Judgments.
42. Execution and superannuation of judgments.
Section
S.I. 123 of 2020
621
PART IV
Appeals
43. Appeals from a subordinate court or tribunal.
44. Appeals from the court.
PART V
General Provisions
45. Register and record of proceedings.
S ervice of Process
46. Electronic service.
47. Presumption of service.
48. Format of pleadings and other legal documents.
49. Amendment of pleadings.
50. Offers and tenders in settlement.
51. Appearance of parties and consequences of non-appearance.
52. Appearance of legal practitioners before the Court.
53. Conduct of hearing, postponements and adjournments.
54. Procedure where no application for set down after postponement
or adjournment sine die is made.
55. Subpoena and examination of witnesses.
56. Directions.
57. “E-Court status” of the Court.
58. Fees and costs.
59. Record of proceedings.
First Schedule: (FORMS).
Second Schedule: (VALUES).
IT is hereby notified that the Minister of Justice, Legal and
Parliamentary Affairs has, in terms of section 56 of the High Court Act
[Chapter 7:06], hereinafter called “the Act “approved the following
rules of court made by the Chief Justice, to regulate the proceedings
of the Commercial Division of the High Court:—
High Court (Commercial Division) Rules, 2020
622
PART I
Preliminary
Title
1. These rules may be cited as the High Court (Commercial
Division) Rules, 2020.
Date of commencement and purpose
2. These rules shall come into operation on the 1st of June, 2020,
and shall have effect in relation to all proceedings of the Commercial
Division of the High Court, including so far as is practicable
proceedings pending on that date.
Interpretation
3. (1) In these rules—
“another legal practitioner” means a legal practitioner who
is instructed by a legal practitioner not of the same
association or firm of legal practitioners;
“business” includes any entity, trade, profession, vocation
or venture and or an isolated transaction of a business
character, but does not include employment related
matters;
“case management” means judicial case management as
described in sub rule (10).
“commercial dispute” means a dispute of a civil nature
considered by the court to be of commercial significance,
including any claim or application arising out of a
transaction of trade or commerce but not limited to—
(a) the formation of a business or commercial
organisation;
(b) the formation, management, transfer or dissolution
of any business entity;
(c) the contractual relationship of a business entity
with another such entity or with another person or
persons undertaken in the course of business, other
than with a person or persons who are employees;
S.I. 123 of 2020
623
(d) the contractual liability of a business or of a person
engaged in a business that arises in the course of
business activity other than arising from a contract
of employment;
(e) disputes primarily involving banking and financial
services;
(f) disputes relating to the restructuring or payment
of business debts, including business rescue and
insolvency;
(g) the enforcement of an arbitral award of a business
of a commercial nature;
(h) a business dispute that is between an individual,
a company, co-operative, partnership, syndicate,
trust or other entity which does not arise from a
contract of employment;
(i) disputes arising from the exploitation of oil and gas
reserves or other natural resources of a commercial
nature;
(j) any dispute of a commercial nature arising out
of insolvency, insurance claims, competition and
anti-trust law or legislation, the Companies and
Other Business Entities Act [Chapter 24:31],
pension funds and disputes relating to pensions
or the operation of a pension fund;
(k) any dispute relating to the management of a business
or commercial organisation, including a dispute
relating to the management of a business executive
directors of a company and its shareholders or
executive directors and the company;
(l) any dispute relating to the contractual relationship
or liability of a business, commercial organisation
or person with other bodies or persons outside the
business or commercial organisation arising out
of business or commercial activities;
(m) banking and financial services;
(n) the restructuring or payment of commercial debts
High Court (Commercial Division) Rules, 2020
624
by or to a business or commercial organisation or
person; and
(o) any other dispute that the Judge President may
designate as a “commercial dispute” upon request
by any of the parties to the dispute;
“Commercial Court or the court” means the Commercial
Division of the High Court of Zimbabwe;
“date of filing” means the date on which any pleading envisaged
by these Rules is lodged with the Registrar;
“date of service” means the date on which any pleading
or other process is delivered either physically or via
electronic form to the recipient named in the document;
“deliver or serve” means to either, physically or electronically
file a pleading of record with the registrar and
immediately thereafter serve a copy on the other party
electronically or by physical means. For the avoidance
of doubt, if a document is sent by telefax or electronic
communication to a registry, the document is, if accepted
by a registry, taken to have been filed—
(a) if the whole document is received by 4.30 p.m. on
a business day by the registrar, on that day; or
(b) in any other case, on the next business day for the
registry.
“form” means any of the prescribed Forms set out in the High
Court Rules or the First Schedule hereto;
“judge” means a judge of the court, sitting otherwise than in
open court;
“judge in charge or presiding judge” means the judge in charge
of the court or any other judge acting in that capacity;
“legal practitioner” means a legal practitioner registered in
terms of the Legal Practitioners Act [Chapter 27:07];
“notice” means a notice given in writing and delivered either
by physical or electronic means;
“party” means any person who is a party to any proceedings
before the court;
S.I. 123 of 2020
625
“process of court” means any process of the court lawfully
issued by the registrar in terms of these rules;
“registrar” means the registrar of the High Court, and includes
any acting or deputy or assistant registrar or in their
absence any person designated as such by the Chief
Justice.
“Rules” means these Rules as may be amended from
time to time.
(2) The monetary jurisdiction of the court shall be an amount,
or the value thereof, that exceeds the monetary jurisdiction of the
magistrates’ commercial courts by the equivalent of one United States
dollar (US$1) in the functional currency of Zimbabwe at any point
in time.
(3) Where anything is required by these rules to be done within
a particular number of days or hours, a Saturday, Sunday or public
holiday in Zimbabwe shall not be reckoned as part of such period.
(4) A document that is sent by electronic communication to
a registry for filing shall be—
(a) sent by using the official website of the court;
(b) in an electronic format approved by the registrar; and
(c) capable of being printed in the form in which it was
created, without modification or loss of content.
(5) An affidavit shall be sent as an image.
(6) A document in an existing proceeding shall be sent to the
registrar by using the court’s website.
(7) A person who sends a document in terms of these rules
shall—
(a) keep a hard or electronic copy of the document prepared
in accordance with these rules; and
(b) if ordered to do so by the court, produce the hard copy
of the document.
High Court (Commercial Division) Rules, 2020
626
(8) Where a document sent to the registrar by electronic means
in accordance with these Rules is accepted at the registry, and is a
document that must be signed or stamped, the registrar shall—
(a) for a document that these rules require to be endorsed
with a date for hearing, insert a notice of filing and
hearing as the first page of the document; and
(b) for any other document, insert a notice of filing as the
first page of the document.
(9) If a notice has been inserted as the first page of the document
in accordance with sub rule (8) above, the notice is taken to be part
of the document for the purposes of these rules.
(10) Judicial case management shall include the processes
set out in rule 17.
Application
4. (1) These rules shall, unless expressly provided otherwise,
apply to all commercial disputes brought before the Commercial
Division of the High Court (hereinafter referred to as “the court”).
(2) To the extent that any procedural matter arises during
any proceedings before the court, which matter is not specifically
regulated or provided for under these rules, then in such event the
High Court Rules (1971) (hereinafter referred to as “the High Court
Rules”) shall apply mutatis mutandis).
(3) The court shall in administering these rules, have due
regard to the set of values set out in the Second Schedule to these
rules and the need to achieve substantial justice inter parties in any
particular case without derogating from the principles of natural
justice or established law and resolving the dispute timeously.
Jurisdiction
5. (1) The court shall be vested with both original and appellate
jurisdictions over all commercial disputes.
(2) A court registry shall be kept at Harare, Bulawayo,
Masvingo, and Mutare and at any such other place or places as the
Chief Justice may determine from time to time.
S.I. 123 of 2020
627
Commencement and Determination of Nature of Proceedings
Commencement of proceedings
6. (1) Proceedings in the court shall, except in the case of
proceedings which by these rules or under any other law are required
to be instituted by any other specified mode of commencement, be
instituted by way of application.
(2) Proceedings shall be instituted in the relevant form as
may be prescribed.
Determination of nature of proceedings
7. (1) Proceedings—
(a) in which the sole or principal question at issue is or is
likely to be one of the interpretation of any law or of
any instrument made under any law, or of any deed,
contract or other document, or some other questions
of law, shall be instituted by way of application;
(b) in which there is likely to be a substantial dispute of
fact or for any other reason a person considers that the
proceedings may not appropriately be instituted by
way of an application, shall be instituted by way of a
summons commencing action.
PART II
Action Procedure
Nature of summons and declaration
8. The provisions of Order 3 Rules 9 to Rule 16 of the High
Court Rules shall apply mutatis mutandis to a summons commencing
action issued in the court:
Provided that every summons shall be filed together with the
plaintiff’s declaration and the summary of evidence in Form No. CC 2.
Additional particulars to be contained in the summons and declaration
9. (1) Notwithstanding the provisions of Order 3 Rule 11 of the
High Court Rules, the plaintiff shall file, along with the summons and

3.14 MB 438 downloads

Labour Court Rules, ZO|T
ARRANGEMENT OF RULES
PARTI : pnnrnrNany
Rule
1. Title. x 2. Application.
3. Interpretation.
4. Computation of time amd certain presumptions as to time. 5. Sittings and vacations of Labour Court.
PART II
Srnvtcr or Doctrvrel.rs
6. Interpretation in Part II.
7. Address for service and chamge of address for service. 8. Persons who may effect service of docrrments and manner and
time of service.
9. Service where person to be served prevents service or caru1ot
be found.
10, Substituted service.
11. Proofofservice.
PARTtrI
Dprrnuruauou op Marrrns sy LABouR Corirr
*/' 12. Informality of proceedings.
13. Labour Court Record Book.
14, Court applieations. - 15. Application for an order by a Labour offrcer or Designated
Agent in tenns of Section 93 5(a), 5ft) and (c) of the Ac-t.
16. Application by the Minister in tenns oisection 120 ofAet.
17. Chamber applications
18. Urgent ChmberApplications.
19. Appeals and cross appeals
2A. Reviews,
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I-abour Court Rules ,2OI'7
Rule
21. Reoord preparation (indexing, pagination and binding).
22. Application for condonation oflate noting of an appeal or review.
23. lnterlocutory and other applications.
24. Adoption of incorrect form of application.
25. Assumption and renunciation of agency where either parby
represented by legal practitioner.
26. Heads of argument.
27. Settlements and withdrawals.
28. Set-down of matters. l,
29. Where parff fails to file notice of response.
30. Witnesses.
3I. Pre-hearing stage.
32. Deparhrre from rules.
33. Joinder of parties and actions.
34. Hearings of applications.
35. Adjournmerils and postponements.
36. Reinstatement of matters.
37 . Default judgment entered where party or witress fails to appear.
38. Consent to judgnent.
39- Costs.
40. Applications for rescissions or alterations ofjudgments.
4I. Stayofexecution.
PART IV
GBNSRAL
42. Precedents and binding nature ofdecisrons.
43. Leaveto appeal againstdecisions ofCourt.
44. Referral in tenns of section 175(4) of the Constitution. ,
45. Conduct anddress ofpersons appearing and attending court.
46. Abandonment of matters.
47. Forms.
ScneDu-E: Forms.
IT is hereby notifled that the Judges ofthe labour Court have,
in terms of section 90(3) of the l-abour Act lChapter 28:011 and with
the approval of the Chief Justice and the Minister of Justice, Lrgal
and Parliamentary Affairs, made the following rules:-
1156
S.I 150 of 20I'7
PARTI
PrtELh,nNARy
Title
1. These ruJes may be cited as the Labour Court Rules ,20L7 .
Application
2. These rules shall apply to all proceedings in the Labour Court.
Interpretation
3. In these rules -
o'Act" means the LabourAct lChapter 2B:0lJ;
"Court" means the Labour Cotrrt;
'' Form" me ans the appropriate f orm pre s crib ed in the S che dule ;
"legal practitioner" means a legal practitioner registered in
terms of the tcgal Practitioners Act lchapter 2T:0;
"Judge" meafls ajudge ofthe Court rcfened to in secti onl7u(l)
(b) of the Constitution and includes the Senior Judge;
"Miuistet" mears, subject to sectiou 83 of theAct, the Minister
of Public Service, Labour ancl Social Welfare or any
other Minister to whom the Fresident may, from tirne
to time, assign the aelministration of the Act;
"party" means a person who is a party to a matter befbre the
Court;
"representative" means -
"Registrat" means the registrar of the Court appointed in
terms of section S'7(1) of theAct and includes a deputy
Registrar or assistant llegistrar acting in that capaiity;
"responsible individual" in relation to the service of any
document or sufiImons under these rules, means au
individual who appears rcasonably likely, if he or she
is given a document or sununons that is requirecl to be
serued in temns of these rules, either to deliver it to the
person upon whom it is to be served, or otherwise to
bring it to that persod s attention;
_1157
l-abour Coutl Rules ,2017
"sheriff ' means the Sheriff forZtmhabwe appointed in terms
of section 55 of the l{igh Court Act lChapter 7:061;
"senior Judge" mears the Senior Judge refened to in section
L72(1Xa) of the Constitution;
(a) a legal practitioner registered in terms of the Legal
Practitioners Act fChapter 27 :071;
(b) an off,cial or employee of a registered trade union
or employers organisation of which the party is a
member; or
(c) a company leprcsentative.
Computation of time and certain presumptions as to time
4. (1) IJntess a contrary intention appears, where anything
is required by these rules or in any order of the Court to be
done within a particular number of days or hours, a Saturday,
Sunday or public holiday shal1 not be reckoned as part of such
period.
(2) A person shall be deemed to have received-
(a) service of documents on the duy indicated by the
appropriate proof of service mentioned in any of the
paragmphs (a) to (e) of rule 11(1);
(b) a certificate of no settlement, by the fourteenth day after
the date indicated on that certiflcate as the date of issue
thereof to the parties;
(c) for the pupose of rule 19(1)-
(i) a determination or direction of the Minister in
terms of section 25, N, 51 ,79 or 82 of the Act,
or in terms of any regulations made pursuant to
section L7 of the Act, by the fourteenth duy after
tlre clate indic ate d on that de te rmi nation or di re cti on
as the date of issue tlrereof;
(ii) a detennination rnade under an employment cocle
interms of section 101 oftheAct, bythe foufleenth
duy after the date indicated on that detennination
as the date of issue thereof;
1158
S.I. 150 of 2017
(d) forthe purpose of rule ?0(1), notice of terminationof-
(i) the investigation of a dispute or unfair labour
practice by the fourteenth day after the date
indicated on a 'ocertificate of no settlernent" as the
date of issue thereof;
(ii) the conduct of any procesdings in terms of an
employment code by the fotrrteenth day after the
date indicated on a detennination issued aftorthose
proceedings as the date of issue thereof;
and any person alleging othenvise shall bear the onus of proof to
the contrary.
(3) The period of twenty-one days shaII, in the case of*
(a) an application in terms of rule 1g(1) and z0(1), be
calculated from the last deemed date of receipt of the
certificate, determination, direction or notice referrecl
to in subrule (2)(b), (c) or (c)(i), as the case may be;
(b) an application where no certiflcate, determination or
direction ,vas issue the proceeclings sought
to be reviewed, be c the thirtieth clay aftei-
(i) the labour officer began to atternpt to settle the
dispute or unfair labour practice concerned in
terms of section 93 of the Act; or
(ii) notificationthatproceedings
code were tobe cornmenced
against him or her in terms of seciion I01(3)(e) of
the Act;
as the case rnaybe.
Sittings andvacations of Lqbolrr Court
5. (1) In each year the Registrar shall, in consultation with the
Senior Judge, publish a calendar: of the sittings and vacations of the
Court for the ensuing year.
(2) The Registrar shall, by notice in the Gazette and in any
other media he or she deerns fit, publish the calendar refeled to in
subrule (1).
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I-^abour Court Rules ,2017
PART II
SpnvlcE oF Doct-rvm,xrs
Interpretation in Part II
6. In this Part-
"acldress for service" means the acldress nominated by a
person wlrere documents may be served on him or her
in terrns of rule 7(t);
"colT[nercial courier service" and "postal licensee" shall
have the meanings given to those terms by the Postal
and Teleconununications Act lCha,pter I 2 :051.
Address .for sentice and change o.f address for sentice
7. (1) Every party shall, at the tirne when he or she notes an
appeal or makes any application, give an addless at which he or she
*"iit accept service in terms of these rules. The address for service
shall be within a raclius of twenty-five kilometres from the registry
where this appellant or applicant flles the appeal or application:
Provided that the Registrar may refuse to accept any docurnent
which does not comply with this rule.
(2) Where a party is represented by a legal practitioner or
representative, the pafiy's address for service shall be that of his or
her legal practitioner or representative.
(3) Wh ete a party changes his or her address for service, he
or she shall notify, in writing, the Registrar and the other parties to
the proceeclings of his or her rew address for seryice, and if he or she
fails to make such notif,cation, his or her address for selvice shall be
deemed to be the address given under subrule (1).
(4) Where a party fails to specify his or her address for service,
his or her last known residential address ot'the address of his or her
last known place of business or employment shall be deemed to be
his or her addrcss for service and service at any such addtess shall
be valid:
Provided that where the person to be seryed is detained in
custody, service shal1 be by delivery or registered post to the persor
in charge of the place where that per'sou is detained.
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469.06 KB 1152 downloads

Supreme Court Rules, 2018
SI 84/2018
ARRANGEMENT OF RULES
PART I
PRELIMINARY Rule
1. Title.
2. Interpretation.
PART II
GENERAL
3. Reckoning of time.
4. Departure from rules.
5. Hearing of applications.
6. Heads of argument.
7. Report.
8. Judgment.
9. Postponement and settlement.
10. Address for service.
11. Service.
12. Service of notices of set down.
13. Orders of registrar.
14. Renunciation of agency by legal practitioner.
15. Special orders as to costs.
PART III
APPEALS FROM THE HIGH COURT
16. General for all appeals.
17. Record.
PART IV
CRIMINAL APPEALS FROM THE HIGH COURT
18. Noting of appeals.
19. Grounds of appeal.
20. Applications for leave to appeal.
21. Application for extension of time or leave to appeal out of time.
22. Legal aid.
23. Record.
24. Stated case.
25. Set down.
26. Dismissal of appeal for want of prosecution.
27. Applications.
28. Applications to lead further evidence.
29. Written arguments in lieu of appearance.
PART V
APPEALS BY PROSECUTOR-GENERAL FROM HIGH COURT
30. Noting of appeals where no leave required.
31. Preparation of record and service thereof on respondent.
32. Set down.
2
33. Applications for leave to appeal.
34. Applications out of time.
35. Abandonment of appeal.
36. Legal aid.
PART VI
CIVIL APPEALS FROM THE HIGH COURT
37. Entry of appeal.
38. Time for entry of appeal.
39. Applications generally.
40. Applications to lead further evidence on appeal.
41. Power to allow amendment.
42. Any other application.
43. Applications for leave to appeal or extension of time to appeal.
44. Grounds of appeal.
45. Cross appeal and abandonment of judgment.
46. Preparation and service of record.
47. Stated case.
48. Abandonment.
49. In forma pauperis proceedings.
50. Written arguments.
51. Preliminary objections.
52. Setting down of appeal and heads of argument.
53. Dismissal of appeal in absence of heads of argument or appearance.
54. Third parties.
55. Security.
56. Taxation.
PART VII
MISCELLANEOUS APPEALS AND REFERENCES
57. Application.
58. Interpretation of terms.
59. Notice of appeal.
60. Time within which notice to be given.
61. Application for extension of time to appeal.
62. Record.
63. Special cases referred or reserved to court.
64. Casus omissus.
PART VIII
BAIL APPLICATIONS AND APPEALS
65. Bail application pending appeal or leave to appeal.
66. Appeals by Prosecutor-General against grant of bail.
67. Appeals against refusal of bail.
68. Urgency of bail applications and appeals.
69. Judge may call for judgment or record.
PART IX
MISCELLANEOUS
70. Reinstatement of appeals generally.
71. Referrals in terms of section 175 (4) of the Constitution.
72. Forms.
73. Application of High Court Rules.
74. Custody of exhibits used at trial.
75. Conduct and dress of persons appearing and attending court.
3
76. Repeals and savings. First Schedule: Forms.
Second Schedule: Repealed rules.
IT is hereby notified that the Minister of Justice, Legal and Parliamentary Affairs has, in terms of section 34(4) of the Supreme Court Act [Chapter 7:13], hereinafter called “the Act”, approved the following rules of court made by the Chief Justice, in terms of subsection (1) of that section, for regulating the proceedings of the Supreme Court—
PRELIMINARY
1. Title These rules may be cited as the Rules of the Supreme Court, 2018.
2. Interpretation
(1) In these rules—
“court” means the Supreme Court;
“judge” means the Chief Justice, a judge of the Supreme Court and an acting judge of the Supreme Court;
“legal practitioner” means a legal practitioner registered in terms of the Legal Practitioners Act [Chapter 27:07];
(2) Where the word “registrar” appears in these rules such reference shall—
(a) except where mention is made specifically of a registrar of the High Court, be construed as a reference to a registrar of the Supreme Court;
(b) be construed as including a deputy registrar and an assistant registrar appointed in terms of section 33 of the Act;
(c) be construed as being the appropriate registrar, that is to say, the registrar whom any registrar shall indicate as the appropriate registrar and, in the absence of any such indication—
(i) in the event of an appeal, the registrar upon whom the appellant serves his or her notice of appeal or, where leave to appeal is necessary, the registrar at the place where application for leave to appeal is made;
(ii) in the event of an application, the registrar upon whom a copy of the application is first served.
(3) Any reference in these rules to “counsel” shall be read and construed as a reference to a legal practitioner.
(4) Any reference in these rules to “legal representative” includes any person authorised by any law to represent any litigant.
PART II
GENERAL
3. Reckoning of time
Where anything is required by these rules to be done within a particular number of days or hours, a Saturday, Sunday or public holiday shall not be reckoned as part of the period.
4. Departure from rules
Subject to the provisions of section 19(3) of the Act, a judge or the court may direct a departure from these rules in any way where this is required in the interests of justice and, additionally or alternatively, may give such directions in matters of practice or procedure as may appear to him or it to be just and expedient.
5. Hearing of applications
An application made to a judge under these rules may be heard either in chambers or in open court and at such time as the judge may determine.
6. Heads of argument
(1) Subject to the provisions of rule 52, counsel may, in any matter which is to be heard before the court or a judge submit written heads of argument for the assistance of the court and shall submit such written heads of argument when requested to do so by a judge.
(2) Where written heads of argument are requested by a judge in terms of subrule (1) and subject to any direction which may be given by the judge, the provisions of rule 52 shall apply mutatis mutandis.
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7. Report
(1) A. judge may, in any appeal or application, request any judge or magistrate of a subordinate court to furnish a report on any matter which arises in, or is relevant to, such appeal or application.
(2) Copies of such request and of such report shall be given to such persons as the judge may direct.
8. Judgment
(1) In an application, judgment may be given at the hearing or in such other manner as the court or judge hearing the application may think fit and by the issue, thereafter; of an order by a registrar..
(2) Judgment in an appeal, if not given at the hearing of the appeal or at a time specified by the court, shall be given at a time of which notice shall be given to the parties by a registrar.
(3) Judgment in an appeal shall be pronounced in such manner as may be determined by a judge of the court which gives it, whether or not he or she was present at the hearing and whether or not the other judges who were present at the hearing are present.
(4) A registrar shall draw up and certify all judgments and shall transmit a certified copy of the judgment, together with the reasons therefor, if any, to the registrar or clerk of the court appealed from.
9. Postponement and settlement
(1) If for any reason it appears desirable that the hearing of an appeal or an application must be postponed, an order to that effect may be made by the court or by a judge.
(2) It shall be the duty of all parties to a civil appeal to furnish without delay to a registrar all available information as to the appeal being or being likely to be settled, or affecting the estimated length of hearing, and, if the appeal is settled or is withdrawn, to notify a registrar of that fact without delay.
10. Address for service
(1) Every appellant or applicant in the court shall, at the time when he or she notes an appeal or makes any application, give an address at which he or she will accept service in terms of these rules, including service by registered post or electronic mail in terms of rule 11.
(2) If a person is legally represented, the address given in terms of subrule (1) shall be the address of his or her legal practitioner.
(3) Subject to rule 14, a legal practitioner may at any time renounce his or her agency by giving notice to his or her client and to a registrar but, until the client furnishes the registrar with, and notifies the opposite party of, a new address for service and any process served on the retiring legal practitioner at his or her address for service shall be considered good service and the retiring legal practitioner shall notify his or her former client of the service of any such process by letter addressed to the client’s last-known address.
(4) If an address for service has been given in terms of these rules other than the address of a legal practitioner in terms of subrule (2) and the person concerned changes such address, he or she shall notify a registrar and other parties to the proceedings of the new address and if he or she fails to make such notification, his or her address for service shall be deemed to be the address given in terms of subrule (1).
11. Service
(1) Subject to rule 12, any document required by these rules or by direction of the court or any judge to be served on any person shall be served as follows—
(a) if the person to be served has given his or her address for service as being that of a legal practitioner, by delivery at the office of that legal practitioner or by sending the document by registered post to that legal practitioner;
(b) if the person to be served has given an address other than that of his or her legal practitioner for service, service may be effected personally or on a responsible person thereat by any person authorized thereto by a registrar or by the Sheriff or by sending the document by registered post, electronic mail or express courier service;
(c) if the person to be served is in custody, by delivery to, or by sending the document by registered post to, the person in charge of the place of custody in which that person is detained;
(d) if the person to be served is the Attorney-General or Prosecutor-General, by delivery to his or her office or by posting the document by registered post to him or her;
(e) if the person to be served is a registrar of the Supreme Court or High Court or any other court, by delivery to, or posting the document by registered post to, the registrar concerned:
Provided that for the purposes of this paragraph, service of the document shall be deemed to have been effected at the time it is received by the registrar concerned.
(2) Proof of service in terms of subrule (1) shall be effected—
(a) where service is effected at the office of a legal practitioner, by production of a receipt signed by the
legal practitioner or his or her agent accompanied by a certificate by the person effecting service to the effect that the document delivered is the document to which the receipt relates;
5
(b) where service is effected by means of registered post, by production of a certificate of posting by registered post accompanied by a certificate by the person posting the document that the document posted is the document to which the certificate of posting relates;
(c) where service is effected by a litigant himself or herself, by an affidavit of service in Form 1 stating that the document concerned was personally served by him or her on the person concerned and stating the specific manner in which service was effected;
(d) where service is effected by electronic mail, by production of a copy of the mail and the document so sent together with an affidavit from the sender that the document sent is the one to which the email relates;
(e) where service is effected by express courier service, by production of a receipt accompanied by an affidavit by the person effecting service to the effect that the document delivered is the one to which the receipt relates;
(f) where service is effected by the Sheriff, by means of a return of service;
(g) where service is effected by delivery to the person in charge of the place of custody in which a person is detained, by production of a receipt signed by an official at the place of custody accompanied by a certificate by the person effecting service to the effect that the document delivered is the document to which the receipt relates.
(3) If a document has to be served by a person who is in custody and who is not legally represented, it shall be submitted to the officer in charge of the place of custody who shall forward it forthwith to a registrar or the registrar of the High Court, as the case may be and that registrar shall thereafter be responsible for ensuring it is served on the person to be served. For the purpose of determining whether any act performed by the person in custody has been performed timeously the time of service shall be regarded as the time when the document was submitted to the officer in charge of the place of custody.
(4) If any difficulty arises in serving a document in accordance with this rule, a judge may, at the request of a registrar, give special directions as to service and a document served in accordance with such directions shall be regarded as properly served.
(5) Notwithstanding anything to the contrary in this rule, any document required by these rules or by the direction of the court or any judge to be served on any person may be served in the manner specified in section 40 of the Interpretation Act [Chapter 1:01].
12. Service of notices of set down
(1) All notices of set down shall be served by the Sheriff at the appropriate address for service provided in terms of rule 10.
(2) At the time of filing an appeal or application, the appellant or applicant shall deposit with the Sheriff an amount as determined by the Sheriff as security for costs of service of all notices of set down.
(3) A copy of the receipt obtained in terms of subrule (2) shall be furnished to a registrar by the party concerned within five days of filing the appeal or application.
(4) When a matter is ready for set down, the registrar shall submit a notice of set down to the Sheriff for service to be effected.
(5) The Sheriff shall submit the return of service to the registrar within five days after service has been effected and, in any event, not less than five days before the date of hearing.
(6) If a party fails to comply with the provisions of subrule (3), the appeal or application shall be regarded as abandoned and shall be deemed to have been dismissed.
13. Orders of registrar
(1) Any person aggrieved by any act, order or decision of a registrar, other than an act performed or order or decision made at the direction of a judge, may apply to have such act, order or decision set aside.
(2) An application in terms of subrule (1) shall be by chamber application served on the registrar and any other person interested in the matter and shall state clearly and specifically the grounds on which it is sought to have the act, order or decision set aside.
(3) The registrar shall report on the application and shall serve copies of his or her report on the applicant and any person cited as co-respondent.
(4) On receipt of a copy of the report referred to in subrule (3), the applicant and co-respondent may file submissions in relation to any matter arising therefrom and thereafter a judge shall hear the