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PRACTICE DIRECTION 1 OF 2014

PRACTICE DIRECTION 1 OF 2014
STANDARD DIRECTIONS FOR SERVICE OF NOTICES OF SET DOWN
1. Application
1.1. This practice direction sets out the practice to be observed in the service of notices of set down in all the Superior Courts of Zimbabwe.
2. Definitions
2.1. ‘Registrar’ means Registrar of the Constitutional Court, Registrar of the Supreme Court, Registrar of the High Court, Registrar of the Labour Court and Registrar of the Administrative Court.
2.2. The word ‘Sheriff’ shall be construed as including the Deputy Sheriff, the Additional Sheriff and the Assistant Sheriff.
2.3. ‘Address for service’ shall be construed to mean an address where an appellant or applicant or respondent, as the case may be, shall accept service in terms of the Rules and shall, in any event, be within a radius of five (5) kilometres from the Registry where process is supposed to be lodged or filed.
2.4. The word ‘application’ includes an application for review.
3. Sheriff to serve notices of set down
3.1. Notwithstanding the provisions of the Rules of the Constitutional Court, Rules of the Supreme Court, Rules of the High Court, Rules of the Labour Court and Rules of the Administrative Court regarding the service of process, with effect from 1 February, 2014, all notices of set down shall be served by the Sheriff.
3.2. At the time of filing an appeal, application or a pre-trial conference request, as the case may be, a party shall deposit with the Sheriff an amount as determined by the Sheriff as security for costs of service of all notices of set down.
3.3. A copy of the receipt of such deposit shall be furnished to the Registrar by the party within five (5) days of filing the appeal, application or pre-trial conference request.
3.4. When a matter is ready for set down, the Registrar will submit the notice of set down to the Sheriff for service to be effected.
4. Return of notices of set down
4.1. Every notice of set down shall be made returnable to the Court from which it was issued, and the Sheriff shall submit the return of service to the Registrar within five (5) days after service has been effected and at least five (5) days before date of hearing.
5. Failure to comply with provisions of practice direction
5.1. If a litigant fails to comply with the provisions of paragraph 3.3 above, the appeal, application or claim in the case of a pre-trial conference shall be deemed to have been abandoned and shall be dismissed.
Hon. Mr. Justice G.G. Chidyausiku
Chief Justice of Zimbabwe
HARARE
30 January 2014

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