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Home » Cession

Cession

Zimbabwe Housing Company (Pvt) Ltd v Mandumbo & 8 Ors (HC 388-20, HC 1611/17 Ref Case HC 3122/17 HC 3123/17 HC 3124/17) [2020] ZWHHC 388 (11 June 2020);

 

 

 

ZIMBABWE HOUSING COMPANY (PVT) LTD

versus

GABRIEL MANDOMBO

and

SHYLET JANYURE

and

TAKWANISA NHETE

and

EMMANUEL MARONGEDZA

and

FAITH TACHIONA

and

LACKSON CHISHAVA

and

YULITA EDNA MABVANURE

and

STEPHEN ZAMBA

 

 

HIGH COURT OF ZIMBABWE

KWENDA J

HARARE, 13 & 24 September 2018; 30 October 2018; 7, 8, 9, 10 ,11, 23 January 2019; 2, 8, 25 February 2019 & 11 June 2020.

 

 

  • C
  • CONTRACT
  • Cession
  • effect
  • validity
  • what constitutes
  • Nature of contract
  • whether one of assignment or cession
  • P
  • PRACTICE AND PROCEDURE
  • Absolution from the instance – principles
  • application made in respect of ancillary matter
  • court should lean in favour of case continuing
  • Pleadings
  • plea to in answer to summons
  • PRESCRIPTION
  • Period of prescription
  • Pleading (PRESCRIPTION)
  • Read more about Zimbabwe Housing Company (Pvt) Ltd v Mandumbo & 8 Ors (HC 388-20, HC 1611/17 Ref Case HC 3122/17 HC 3123/17 HC 3124/17) [2020] ZWHHC 388 (11 June 2020);
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Case Index

  • A
    • ABSOLUTION FROM THE INSTANCE
    • ACCOMPLICE
    • ACTIO DE PASTU
    • ACTIO DE PAUPERIE
    • ACTIONABLE WRONG
    • ADMINISTRATION OF ESTATES
      • Accounts
      • Claim against deceased estate
      • Deceased estate
      • Estate
      • Execution of a will
        • Father dies intestate
      • Executor/Administrator of deceased's estate
        • appointment
        • claims made on behalf of estate
        • delegation of functions
        • duties of
        • joint executors
        • removal
      • Fraud
      • Grant of probate
      • Inheritance
      • Intestate succession
      • Judicial sale of deceaseds property
      • Jurisdiction (Administration of Estates)
      • Maintenance
      • Master of the High Court
      • Probate and Administration
      • Revocation of appointed administrator of estate of deceased
      • Will See also WILL
    • ADMINISTRATIVE LAW
      • Access to information
      • Administrative action
      • Administrative authority
      • Administrative decisions and acts
        • decision adverse to applicant)
        • failure by person exercising public authority to exercise powers
        • limited grounds on which court may interfere with such decision
        • statutory requirements
        • validity of
      • Administrative functions
      • Appeal
        • code of conduct provision that decision of designated authority shall be final effect appeal allowed on technical grounds,
      • Application for mandamus
      • Application for order of certiorari
      • Audi alteram partem rule
      • Clubs and voluntary associations
      • Decision-making by public authorities
      • Decisions of functionary
      • Declaratory application
      • Delegation of powers
      • Deportation
      • Discretion exercise of prison authorities discretion to grant remission of sentence discretion must be
      • Doctrine of 'clean hands'
      • Duty to give reasons
      • Elections
      • Exclusion of the jurisdiction of the courts by finality clauses
      • Exhaustion of internal remedies
      • Fair administrative justice
      • Fair hearing
      • Formulation of Master Plan in an urban area
      • Functus officio
      • Habeas Corpus
      • Injunctive orders against the Government
      • Irregularities
      • Issue of order of certiorari
      • Judicial review
      • Jurisdiction (ADMINISTRATIVE LAW)
      • Legitimate expectation
      • Licence
      • Natural justice
        • observance of rules of
        • rules of
      • Orders certiorari and mandamus
      • Parastatals
      • Power to act
      • Prerogative orders
      • Public Rights
      • Reasonable expectation doctrine
      • Reasons for decision
      • Regional Commissioners
      • Review
        • audi alteram partem rule
        • bias
        • decision of statutory authority
        • domestic remedies
        • evidence
        • grounds for
        • interference by court with administrative actions or decisions
        • legitimate expectation
        • unreasonableness of decision being reviewed
        • when appropriate
      • Screening committee
      • Statutory bodies
      • Tender award
      • Tender board
      • Ultra vires Doctrine
      • Waiver
    • ADULTERY See DAMAGES (Adultery)
    • AFFIDAVIT See PRACTICE AND PROCEDURE (Affidavit)
    • AGENCY
      • Agent
        • Authority of agent
        • duties of agents towards principal
        • estate agent See ESTATE AGENT
      • Canvassing agent
      • Implied agency
      • Insurance agent
      • Limitation of actions
      • Non-disclosure
      • Notice of agency
      • Trusteeship
    • AGRICULTURE
      • Agricultural bank
      • Agricultural land
    • ANIMALS
    • APPEAL
      • Administrative Court (Appeal)
      • Against costs order of trial court
      • Appeal by Prosecutor-General
      • Appeal by State
      • Appeal to High Court
      • Appeal to Labour Court
      • Appeal to Labour Relations Tribunal (ZimLII)
      • Appeal to Supreme Court
      • Appeal to which court
      • Appellate Jurisdiction Act (Tanzania)
        • Second appeal
      • Application to lodge memorandum of appeal out of time
      • Bail pending trial
      • Civil matter (Appeal)
        • Appeal out of time
        • Appeal record not containing decree
        • application for extension of time within which to appeal
        • Application to strike out Notice of Appeal
        • Contention that trial court lacked jurisdiction in appeal
        • Delay in prosecution of appeal
        • Extension of time to appeal
        • Extension of time to file notice of appeal
        • Failure to file appeal within prescribed time
        • Failure to join an affected party as Second Respondent
        • Formalities of Appeal
        • Record of Appeal (Civil Practice)
        • Requirement that a memorandum of appeal be accompanied by a copy of the order appealed against
        • right of appeal
        • Rule 83 requiring appellant to institute appeal within 60 days of filing notice of Appeal (TZ)
        • Stay of execution pending appeal
      • Condonation
      • Costs of Appeal
      • Court Martial Appeal court
      • Courts powers on appeal
        • exercise of discretionary power by lower court
        • interference with
        • limited powers of appeal court to interfere with decision
      • Criminal matter (Appeal)
        • appeal from magistrates court
        • appeal to High Court
        • appellant absenting himself
        • application by Attorney-General for leave to appeal against sentence
        • lengthy delay between conviction and hearing of appeal
        • right of appeal
      • Cross appeal
      • Decision of court a quo reasons for
      • Divorce (Appeal)
      • Duty of appellate court where there is no judgment
      • Evidence on appeal
      • Execution
      • Extension of time within which to note appeal
      • Further evidence (Appeal)
      • Grounds (Appeal)
      • Health Professions Council
      • In what cases (Appeal)
      • Interlocutory order
      • Judgment by consent
      • Lapsed appeal
      • Lapsing of
      • Leave to appeal
        • grounds bias on part of judicial officer what must be shown critical comments and adverse decision not
      • New ground on appeal
      • Notice of
        • effect
        • late noting of
        • validity of notice
      • Novel point raised on appeal
      • Peremption
      • Point raised for first time on appeal
      • Postponement (Appeal)
      • Power of attorney (Appeal)
      • Prosecution of
      • Record
        • defects in
        • deposit with Registrar of estimated cost
        • inspection of by parties
        • what record of proceedings of lower court must contain
      • Remittal
      • Right of
        • fugitive from justice
        • to Supreme Court
      • Security
      • Set-down
        • notice of
        • set-down on urgent basis
      • Striking out
      • Submissions by parties to appeal
      • Validity (Appeal)
    • APPLICATION See PRACTICE AND PROCEDURE (Application).
    • ARBITRATION
      • Agreement of reference
      • Application to substitute party
      • Arbitration agreement
      • Arbitration appeal
      • Arbitration clause
      • Arbitrator
        • award
        • challenge to impartiality of
        • duty to disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or independence
      • Award
        • enforcement
        • foreign award
        • form of award
        • insurance claim
        • setting aside award
      • Commission
      • Contract arbitration clause in contract
      • Counterclaim
      • Employment dispute
      • Procedure
      • Referral of matter to
      • Representation
      • Setting aside award
    • ARREST
    • ASSOCIATIONS
      • Clubs
      • Voluntary association
    • ATTORNEY AND CLIENT COSTS
    • AVIATION
      • Aerodrome
      • Air carrier
      • Civil Aviation Authority
  • B
    • BAIL
    • BANKING
      • Accounts
        • Unauthorised debit of customer’s account
      • Cheques
        • banker's negligence
        • collection of cheques
      • Collecting banker
        • Bank allowing customer to draw against uncleared effects
        • Cheque lost in the course of collection
      • Commercial credit
      • Curatorship
      • current account
      • Customers account with bank
      • Deposit with the bank
      • Duty of banker to customer
      • Duty of care (BANKING)
      • Effect of court order on deposit account
      • Guarantee
      • Merger or amalgamation
      • Negligence
      • Negotiable instruments
      • Officer of
      • Overdraft
      • Overdraft facilities
      • Receipt of money
      • Relationship between banker and client
      • Relationship between customer and banker
      • Securities for advances
    • BANKING LAW
      • Securities
        • Mortgages
    • BILL OF COSTS
      • Disbursements (BILL OF COSTS)
      • Limitation as to costs (BILL OF COSTS)
      • Party not blamed in any way by judgment (BILL OF COSTS)
    • BILL OF RIGHTS
      • Derogation clauses in the Bill of Rights
      • Procedure and practice of the High Court in enforcing the constitutional bill of rights
      • The Right to personal liberty
    • BILLS OF EXCHANGE AND NEGOTIABLE INSTRUMENTS
      • Promissory notes
      • Signatory
      • Treasury bills
    • BIRTHS AND DEATHS See also FAMILY LAW (Child birth registration)
      • Deaths
    • BUILDING AND CONSTRUCTION
      • Building contract
      • Certificate of occupation
  • C
    • CARRIER
      • Carriage of goods
      • Common carrier
      • Road transportation
    • CHARACTER See EVIDENCE (Character)
    • CHIEF JUSTICE
      • appointment
      • public interviews
      • removal from office
    • CHILD See FAMILY LAW (Child)
    • CHURCH
      • Dispute
      • Excommunication of priests
      • Government of
      • Matters exclusively ecumenical or ecclesiastical in nature
      • Property
    • CITIZENSHIP See also CONSTITUTIONAL LAW (Citizenship)
      • By birth
      • Deprivation of
      • Naturalisation
      • Requirements
      • What constitutes
    • CIVIL PROCEDURE See PRACTICE AND PROCEDURE
    • CIVIL SERVICE See PUBLIC SERVICE
    • CLOSE CORPORATION
      • Deregistration
      • Directors of Close corporation
      • Locus standi (Close corporation)
      • Members of Close corporation
      • Name of Close corporation
      • Proceedings by and against a close corporation
      • Winding up a close corporation
    • CLUB See above, under ASSOCIATION (Club)
    • COMPANY
      • Articles of association
      • Cession
      • Companies Act
      • Compromise or arrangement
      • Contracts with
      • Corporate veil
      • Director
        • dismissal
        • legal action on behalf of company
        • liability for companys debts
        • powers of
      • Employee
      • Foreign liquidation
      • Judicial management
      • Legal personality
      • Liquidation
      • Management
      • Meetings
      • Proceedings by and against
      • Publication of company's name
      • Sale of land (Company)
      • Shareholder
      • Shares
      • Winding up
    • COMPROMISE
      • Contract (Compromise)
      • What may be compromised
    • COMPUTERS & INFORMATION TECHNOLOGY
      • Information stored on computer
    • CONFLICT OF LAWS
      • Domicile
      • Foreign judgment
      • Marriage
    • CONSTITUTIONAL LAW
      • Administrative justice (See Constitutional law — Fundamental rights — Administrative justice)
      • Attorney-General (Constitutional Law) See also CRIMINAL PROCEDURE
      • Boundaries of state
      • Citizenship
      • Common law (Constitutional law)
      • Constitution of Namibia
      • Constitution of Tanzania
      • Constitution of Uganda
      • Constitution of Zambia 2016
      • Constitution of Zimbabwe 1980
        • amendment of
        • other provisions
      • Constitution of Zimbabwe 2013
      • constitutionality of delict
      • Declaration of Rights
      • Elections See below, under ELECTIONS.
      • Electoral Supervisory Commission See below, under ELECTIONS (Electoral Supervisory Commission).
      • Executive authority
      • Executive powers
      • Fundamental rights
        • Administrative justice
        • Right to property
        • Right to property protection against deprivation of property without fair compensation
      • Government
        • agency of government
      • Interpretation of Constitution
      • Judges and Judiciary
        • appointment of
        • removal from office
      • Jurisdiction (Constitutional Law)
      • Legislation
      • Legislative function
      • Locus standi
      • Magistracy
      • Parliament
      • Patient autonomy
      • President
        • election See below, under ELECTIONS.
        • executive powers of
      • Public authority
      • Public officer
      • recognition and protection of marriage
      • Referendum
      • right to protection of the law
      • right to water
      • Separation of powers
      • Statutory authorities and bodies
        • appointment of members of board by relevant Minister
        • Corporation's property not State property
        • limits on Minister's discretion as to who may be appointed
        • not an organ of the State
        • when may be regarded as an organ of the State
        • Zimbabwe Broadcasting Corporation
      • Supreme Court
    • CONSTITUTIONAL PRACTICE
      • Constitutional appeal
      • Courts (Constitutional practice)
      • Enforcement of rights
      • Parties
    • CONTEMPT OF COURT
      • Alcohol (Contempt of court)
      • Casual remark
      • Compliance with court orders
      • Conviction
      • Criminal accused on bail
      • In facie curiae
      • Onus of proof
      • Power of court
      • What constitutes contempt of court
    • CONTRACT
      • Advance payment guarantee
      • Arbitration clause in contract See ARBITRATION (Arbitration clause)
      • Breach
        • damages for breach of contract
          • amount
          • assessment of loss
          • general and special damages
        • liability for breach of contract
          • remedies
          • servants of party
            • vicarious liability
          • vicarious liability for breach of contract
          • what constitutes
        • mitigation (Breach of contract)
        • purpose of award of damages (Breach of contract)
        • unlawful termination of contract
      • Cancellation
        • breach by one party of obligations
        • breach of contract
        • mistake
      • Carriage of goods See CARRIER
      • Caveat subscriptor
      • Cession
        • effect
        • validity
        • what constitutes
      • Collateral management contract
      • commercial lease
      • Commodatum (loan for use)
      • Completion
      • Compromise
        • novation
        • what is
      • Condition
        • condition precedent
        • resolutive condition
      • Consensus
      • Consumer contract
        • meaning of “services”
        • sale or supply of “services”
      • Contractual Penalties Act [Chapter 8:04]
      • Costs (Contract)
      • Defences
      • Depositum
      • Donation see DONATION
      • Duress
        • Economic duress
        • Requirements
        • What constitutes
      • election by innocent party to terminate or abide by contract
      • Employment See EMPLOYMENT (Contract)
      • Enforceability
        • illegal contract
        • in pari delicto rule
        • rights accrued before the date of termination
        • sale of immoveable property
      • Estoppel (CONTRACT)
      • Evidence
        • parol evidence rule
          • integration rule
          • when need not be accepted as constituting entire contract between parties
          • when parol evidence may be led
      • Exemption clauses
        • principles applicable
          • when clause may relieve party of liability for negligence
          • when such clauses valid
        • validity
      • Formation
        • essential requirements (Formation of contract)
        • implied (Formation of contract)
        • mental capacity of contracting party (Formation of contract)
        • mistake See CONTRACT (Mistake)
        • offer (Formation of contract)
          • acceptance
          • what constitutes an offer
          • when offer can be said to have been made
        • option (Formation of contract)
      • Frustration
      • General principles
      • Guarantee (CONTRACT)
      • Illegality
        • agreement between parties involving a contravention of Exchange Control
        • agreement to pay foreign currency for item purchased in Zimbabwe
        • agreement understating purchase price so as to avoid capital gains tax and
        • contract illegal for want of compliance with statutory formalities
        • contravention of Estate Agents Act [Chapter 27:05]
        • ex turpi causa non oritur actio
        • par delictum rule (departure from)
        • provision contrary to public policy
      • Impossibility
        • impossibility when extinguishes obligations under contract
        • meaning of impossibility
        • need for impossibility to be absolute
        • principles of impossibility
        • supervening impossibility alleged by non-performing party
        • temporary or final impossibility
        • when party may plead impossibility
      • instalment sale
      • Interpretation of Contract
        • ambiguities
        • commercial sale agreement
        • contra preferentem rule
        • contract of employment
        • contract of sale
        • intention of parties
        • maxim ut res magis valet quam pereat
        • severability
        • specific words and phrases
          • “free of deduction”
          • “supermarket”
        • “golden rule” of interpretation
      • Land
      • Legality
        • Illegal contract
        • Severability
      • Loan
        • acceleration clause
        • acknowledgment of debt
        • for use CONTRACT (Commodatum)
      • Misrepresentation
      • Mistake
        • claim that money paid in error
        • recovery of money paid in error
        • unilateral mistake by offer or
      • Nature of contract
        • dispute as to Nature of Contract
        • whether contract one of hire or for services
        • whether one of assignment or cession
      • Novation
      • Offer and acceptance
      • Option
        • nature of contract of option
        • purchase see SALE (Option)
      • Oral agreement
      • Pactum commissorium
      • par delictum
      • Parties
      • Penalty clause
      • Performance
      • Pledge
      • Purchase and sale
      • Rectification
      • Regulations
      • Restraint of trade
      • Right of first refusal or pre-emption See SALE (Option)
      • Sale See SALE
      • Signature
      • Specific performance
      • Stamp duty
      • Stipulatio alteri
      • Subletting of contract
      • Subordination agreement
      • Suretyship See SURETYSHIP
      • Suspensive condition
      • Tacit contract
      • Tender
      • Term
      • Termination
        • cancellation
        • effect
        • fixed term contract
      • Terms and Conditions
        • renunciation of exceptions non causa debiti, non numeratae pecuniae and errore calculi
        • tacit or implied Terms
        • variation of Terms
      • Validity
        • clause contrary to public policy
        • contract made in breach of statutory prohibition
        • contract providing that loan be repaid in foreign currency
        • contract sounding in foreign currency
        • contract with company
        • disclaimer clause
        • justus error on part of party to contract
        • lack of consent
        • mistake See CONTRACT (Mistake)
        • offer
        • res litigiosa
      • Waiver See WAIVER
      • Written contract
    • CONVEYANCER
    • COPYRIGHT
    • COSTS
      • Advocate’s fees
      • Agreement as to
      • Appeal costs
        • against order of costs
        • appeal to SADC Tribunal
      • Attorney and client costs
      • Bill of costs
      • Constitutional litigation
      • Constitutional matter
      • Contribution towards
      • Costs incurred before commencement of proceedings
      • Counsel’s fees
        • against police officer
        • counsel acting pro amico
        • legal practitioner
          • application for review
          • exceptional measure for cases involving neglect or impropriety
          • may be ordered for failure to advise clients correctl
          • practitioner accepting appointment as executor dative
          • practitioner advising client to disobey court order
          • practitioner making unsubstantiated allegations of impropriety against another officer of court
          • when may be granted
        • what may be charged
      • De bonis propriis
      • Discovery of documents
      • Filing of voluminous and unnecessary documents in a court application
      • Generally
      • Interpleader proceedings
        • principles
      • Labour cases
      • Lay litigant
      • Legal practitioner and client scale
        • abuse of process
        • dishonest conduct and behaviour by applicant
        • general behaviour of litigants throughout the litigation completely unjustified
        • lack of bona fides and deplorable conduct
        • party showing lack of bona fides
        • party to civil dispute wrongfully having recourse to criminal law
        • principles
      • Merits of case
      • Multiple parties
      • Order of costs
        • discretionary nature of
      • Party and party
      • Payment
      • Payment of costs by successful party
      • Postponement
      • Public official
      • Sales tax
      • Scale of costs
      • Security
      • Successful party
      • Taxation
      • Waiver
      • Withdrawal
    • COURT
      • Abuse of process
      • Administrative Court
      • Children’s court
      • Contempt of court
        • committal for prison for
        • constructive contempt
        • contempt ex facie curiae
        • contempt in facie curiae
        • contempt proceedings
        • failure to obey court order
          • contempt purged
          • defence of superior orders
          • duty to obey order and seek redress afterwards
          • imprisonment for
          • need to show that person knew of court order
          • party alleging order to be erroneous
        • party allegedly in contempt approaching court for relief
        • party in contempt
        • public servant
        • requirement that applicant purge its contempt before approaching court for relief
        • what constitutes Contempt
      • Court martial See MILITARY LAW
      • High Court See HIGH COURT
      • Judicial officer
        • duties of judicial officer
          • impartiality of a judicial officer
          • unrepresented female litigant
        • recusal of judicial officer See RECUSAL
      • Jurisdiction (COURT)
        • jurisdiction of the High Court in labour matters
      • Juvenile court See also COURT (Children’s court)
      • Labour Court See EMPLOYMENT (Labour Court)
      • Magistrates court See MAGISTRATES COURT
      • Officer (COURT)
        • Deputy Sheriff
        • Master
        • messenger of court and sheriff
        • Sheriff and his deputies
      • Precedent See PRACTICE AND PROCEDURE (Stare decisis)
      • Recusal See RECUSAL
      • Reform of law
      • Rules of court
      • Small claims court
      • Supreme Court See SUPREME COURT
      • Vexatious proceedings See PRACTICE AND PROCEDURE (Abuse of process)
    • CRIMINAL LAW (Common Law Crime)
      • Assault with intent to do grievous bodily harm
      • Contempt of court See COURT (Contempt)
      • Criminal defamation
      • Culpable homicide
      • Fraud
      • High treason
      • Housebreaking
      • Indecent assault
      • Malicious injury to property
      • Murder
      • Rape
      • Robbery
      • Sodomy
      • Theft
      • Unlawful entry into premises followed by theft of property therefrom
    • CRIMINAL LAW (Defences)
      • Diminished responsibility
      • Insanity defence
      • Non-pathological criminal capacity
    • CRIMINAL LAW (General Principles)
      • Degrees of participation
    • CRIMINAL LAW (Other Offences Under Criminal Law Code)
      • Being found in possession of goods in regard to which there is a reasonable suspicion that they were stolen
    • CRIMINAL LAW STATUTORY OFFENCES (Other than offences under Criminal Law Code)
      • Aircraft (Offences) Act [Chapter 9:01]
      • Concealment of Birth Act [Chapter 9:04]
      • Copyright and Neighbouring Rights Act [Chapter 26:05]
      • Criminal Law Amendment Act [Chapter 9:05]
      • Customs and Excise Act [Chapter 23:02]
      • Dangerous Drugs Act [Chapter 15:02]
      • Firearms Act [Chapter 10:09]
      • Immigration Act [Chapter 4:02]
      • Infanticide Act [Chapter 9:12]
      • Law and Order (Maintenance) Act [Chapter 11:07]
      • Miscellaneous Offences Act [Chapter 9:15]
      • Motoring offence
        • Road Traffic Act [Chapter13:11]
      • Official Secrets Act [Chapter 11:09]
      • Prevention of Corruption Act [Chapter 9:16]
      • Public Order and Security Act [Chapter 11:17]
      • Sexual Offences Act [Chapter 9:12]
    • CRIMINAL PROCEDURE
      • Accomplice See EVIDENCE (Accomplice)
      • Admissions
      • Appeal See APPEAL (Criminal matter)
      • Arrest
      • Attorney-General
        • concession by AG
        • powers of AG
      • Bail
        • accused appearing in court after High Court order issued
        • alteration of bail
        • appeal
        • application for bail
        • conditions on which bail granted
        • decision of High Court on bail
        • grant of bail
        • grounds for refusal of bail
        • pending appeal for bail
        • pending extradition and bail
        • principles to be observed (bail)
      • Charge
        • amendment of charge
        • charging a company
        • dismissal of charge
        • exceptions, provisos and exemptions (charge)
      • Compensation
      • Compensation order
      • Cross-examination
      • Defence outline
      • Discharge at close of State case
      • Evidence
      • Extradition
      • Forfeiture to State
      • Indictment for trial
      • Indictment See CRIMINAL PROCEDURE (Charge)
      • Insanity See CRIMINAL PROCEDURE (Verdict – special verdict)
      • Irregularity
      • Jurisdiction (CRIMINAL PROCEDURE)
      • Juvenile offender
      • Legal representation
      • Mental disorder
      • Plea
        • guilty
        • pleas open to accused
      • Postponement See CRIMINAL PROCEDURE (Remand)
      • Prosecution
      • Prosecutor
        • concession
        • dominus liti
      • Record
      • Recusal See RECUSAL
      • Remand
      • Review (CRIMINAL PROCEDURE)
      • Search (CRIMINAL PROCEDURE)
      • Seizure of articles
      • Sentence See CRIMINAL PROCEDURE SENTENCE General Principles
      • Specification of person suspected of corruption offences
      • Trial
        • address in mitigation
        • completion of trial
        • conduct of interpreter in criminal trial
        • conduct of magistrate in criminal trial
        • confession in trial
        • duties of magistrate in criminal trial
        • fairness in criminal trial
        • irregularity of trial
        • judgment in trial
        • legal representation in trial
        • unrepresented accused in trial
        • when trial commences
      • Venue
      • Verdict
        • alteration of verdict
        • correction of verdict
        • special verdict on grounds of accused’s insanity
      • warrant
      • Witness (CRIMINAL PROCEDURE)
    • CRIMINAL PROCEDURE (SENTENCE) Common Law Offences
      • Assault (Sentence)
      • Bribery (Sentence)
      • Contempt of court (Sentence)
      • Crimes of dishonesty unaccompanied by violence (Sentence; common law)
      • Culpable homicide (Sentence)
      • Extortion (Sentence)
      • Housebreaking and theft (Sentence)
      • Incest (Sentence)
      • Indecent assault (Sentence)
      • Murder (Sentence)
        • extenuating circumstances in murder sentencing
        • infanticide See CRIMINAL PROCEDURE (SENTENCE) (Statutory offences – infanticide)
      • Public violence (Sentence)
      • Rape (Sentence)
      • Receiving stolen property knowing it to have been stolen v
      • Sodomy (Sentence)
      • Stock theft See CRIMINAL PROCEDURE (SENTENCE) (Statutory offences – stock theft)
      • Theft (Sentence)
    • CRIMINAL PROCEDURE (SENTENCE) General Principles
      • Alteration of sentence
      • Appeal of sentence
      • Back-dating of prison sentence to date of convicted person’s arrest
      • Community service (Sentence)
      • Corporal punishment (Sentence)
      • Correction (Sentence)
      • Factors affecting (Sentence)
      • Fine (Sentence)
      • Forms of punishment (Sentence)
      • Imprisonment (Sentence)
      • Mandatory minimum sentence
      • Matters which court may take into account (Sentence)
      • Multiple counts (Sentence)
      • Passing of (Sentence)
      • Pre-sentencing investigation
      • Review (Sentence)
      • Suspended sentence
        • conditions of suspended sentence
        • single offence (suspended sentence)
        • when suspended sentence appropriate
      • Theories of purpose of punishment
      • Uniformity of sentence
      • Unrepresented accused
      • Youthful offenders
    • CRIMINAL PROCEDURE (SENTENCE) Offences Under Criminal Law Code
      • Crimes of dishonesty unaccompanied by violence (Sentence; Code)
      • Stock theft (Sentence; Code)
      • Unlawful entry and theft (Sentence; Code)
    • CRIMINAL PROCEDURE (SENTENCE) Statutory offences
      • Control of Goods (Price Control) Regulations, 2001 (Sentence)
      • Drugs and Allied Substances Control Act [Chapter 320 of 1974] (Sentence)
      • Infanticide (Sentence; Statutory)
      • Penalty provision in statute – effect (Sentence; Statutory)
      • Precious Stones Act [Chapter 21:06] (Sentence)
      • Prevention of Corruption Act [Chapter 9:16] (Sentence)
      • Public Order and Security Act [Chapter 11:17] (Sentence)
      • Sexual Offences Act [Chapter 9:21] (Sentence)
      • Stock theft (Sentence; Statutory)
    • CUSTODY See FAMILY LAW (Child - custody)
    • CUSTOMARY LAW
      • Application
        • distribution of matrimonial estate (CUSTOMARY LAW)
        • husband and wife (CUSTOMARY LAW)
        • matrimonial property rights
        • matter capable of resolution by either general law or customary law
        • no agreement between parties that it should apply
        • unregistered customary law marriage
        • wife’s entitlement to division of estate (CUSTOMARY LAW)
      • Chieftainship
        • appointment of chiefs by President
        • consideration to applicable customary principles of succession
        • Shona system of succession
      • Family law (CUSTOMARY LAW)
        • adultery (Family law -CUSTOMARY LAW)
        • approach to be followed in magistrates courts
        • bigamous marriage, effects of (Family law -CUSTOMARY LAW)
        • customary law entitlement
        • customary marriage followed by civil marriage
        • division of property following divorce (Family law -CUSTOMARY LAW)
        • divorce (Family law -CUSTOMARY LAW)
        • effect - rights of father of child of customary law marriage
        • entitlement to share of matrimonial (CUSTOMARY LAW)
        • formalities required in customary law marriage
        • husband and wife (Family law -CUSTOMARY LAW)
        • legitimacy of child in customary law
        • property rights under customary law marriage
        • testing validity of customary law marriage
        • unregistered customary law marriage
        • wife (Family law -CUSTOMARY LAW)
          • husband marrying a second wife under civil law while first marriage subsisted
          • rights of widow under customary law to share of estate
        • wife in second, bigamous marriage
      • Headmen
      • Succession
    • CUSTOMS AND EXCISE
      • Duty (CUSTOMS AND EXCISE)
      • Forfeiture of goods (CUSTOMS AND EXCISE)
      • Seizure (CUSTOMS AND EXCISE)
  • D
    • DAMAGES
      • Adultery assessment of damages
      • Assessment of Damages
      • Contractual See CONTRACT (Breach - damages).
      • Death (DAMAGES)
      • Defamation See DEFAMATION (Damages).
      • Delictual (DAMAGES)
      • Principle of compensation (DAMAGES)
    • DECEASED ESTATE See ADMINISTRATION OF ESTATES.
    • DEFAMATION
      • Damages (DEFAMATION)
      • Defamatory nature of words used
      • Defences for defamation
      • Interdict (DEFAMATION)
      • Plaintiff (DEFAMATION)
      • Right of reply (DEFAMATION)
    • DEFAULT JUDGMENT See PRACTICE AND PROCEDURE (Default judgment)
    • DELICT
      • actio iniuriarum
    • DELICT See also DAMAGES; NEGLIGENCE
      • Actio injuriarum
        • actio de pauperie (Actio injuriarum)
        • adultery (Actio injuriaru)
        • defamation (Actio injuriarum)
        • extent of act violating dignity (Actio injuriarum)
        • extent of invasion of privacy (Actio injuriarum)
        • voluntary assumption of risk by plaintiff
        • wrongful attachment (Actio injuriarum)
      • Aquilian action
        • essentials of Aquilian action
        • liability (Aquilian action)
      • Causation (DELICT)
      • Damages (DELICT)See DAMAGES (Delictual).
      • Defamation (DELICT)See DEFAMATION.
      • Liability (DELICT)
        • employer’s liability (DELICT)
        • vicarious liability (DELICT)
      • Passing off See PASSING OFF.
    • DEPOSITUM See CONTRACT (Depositum)
    • DIRECTOR See COMPANY (Director)
    • DIVORCE See FAMILY LAW (Husband and wife - divorce)
    • DOMICILE
      • Acquisition
        • domicile of choice requirements
      • Change of domicile
      • Domicile of choice
      • Domicile of origin and domicile of choice (distinction)
    • DONATION
      • Husband and wife (DONATION)
        • donation between spouses
        • donation from one spouse to another (when proper)
    • DUTY See CUSTOMS AND EXCISE (Duty)
  • E
    • EDUCATION
      • Education Act [Chapter 25:04
      • School rules
    • EJECTMENT See LANDLORD AND TENANT
    • ELECTIONS
      • Appeal (ELECTIONS)
      • Candidate (ELECTIONS)
      • Constituencies and wards
      • Election petition
      • Election petition time limits
      • Electoral Act [Chapter 2:01]
      • Electoral Court jurisdiction
      • Electoral Supervisory Commission
      • Local government election
      • Nomination
      • Notice of election
      • Presidential election
      • Validity of election
      • Vote
      • Voter
      • Voters roll
      • Zimbabwe Electoral Commission
    • EMPLOYMENT
      • Abolition of office
      • Act for payment of salary in lieu of notice
      • Action for damages against employer
      • Action for payment for leave not taken
      • Action for payment of salary
      • Annual leave
      • Appeal (EMPLOYMENT)
        • Appeal against determination of disciplinary committee under disciplinary code
        • Appeal code of conduct
      • Arbitration
      • Breach of confidence by servant
      • Claim for compensation
      • Code of conduct
      • Collective bargaining
      • Collective job action
      • Conditions of employment
      • Confidential information
      • Contract (EMPLOYMENT)
      • Disciplinary proceedings
      • Dismissal
      • Dismissal on notice
      • Employee
        • code of conduct in effect for employees
        • disciplinary proceedings against employee
        • injuries sustained in course of employment
        • interest to employer (what must be shown)
        • misconduct of employee
        • strike action by employee
        • suspension of employee See EMPLOYMENT (Suspension)
        • transfer of employee to another town
        • urban council employees
      • Employer
      • Government employees
      • Industrial and Labour Relations Act of Zambia
      • Industrial Relations Court
      • Labour Act [Chapter 28:01]
      • Labour Court See also EMPLOYMENT (Labour Relations Tribunal).
      • Labour dispute
      • Labour Relations Amendment Act 2002 (No. 17 of 2002)
      • Labour relations officer
      • Labour Relations Tribunal
      • Labour Relations Tribunal See also EMPLOYMENT (Labour Court)
      • Lawful dismissal
      • Medical testing of employees
      • Misconduct
      • Occupational safety
      • Pension
      • Refusal to employ
      • Remuneration
      • Retrenchment
      • Salaries and wages
      • Servant wrongfully dismissed
      • Strike (EMPLOYMENT)
      • Summary dismissal
      • Suspension of employee
      • Termination of employment
      • Termination of service
      • Trade union
      • Unlawful dismissal
      • Unlawful interference with right to earn a living
      • Urban council employee See EMPLOYMENT (Employee - urban council employees)
      • Vicarious liability of employer for delictual acts of employee
      • Vicarious liability of master for delictual acts of servant
      • Vicarious liability of master for negligence of a third party employed by servant
      • Wage
      • Wages and salaries
      • Workers’ committee
      • Workmen's compensation
      • Wrongful dismissal
    • ENRICHMENT
      • Unjust enrichment
    • ESTATE AGENT
      • Authority of estate agent
      • Practising as estate agent without being registered
      • Status of estate agent
    • ESTOPPEL
      • Delay in instituting proceedings
    • EVIDENCE
      • Accomplice
      • Admissibility of evidence
      • Admissions See CRIMINAL PROCEDURE (Admissions)
      • Affidavits (EVIDENCE)
      • Circumstantial (EVIDENCE)
      • Civil matter (EVIDENCE)
      • Confession (EVIDENCE)
      • Credibility (EVIDENCE)
      • Criminal matter (EVIDENCE)
      • Demeanour See EVIDENCE (Credibility - demeanour)
      • Document (EVIDENCE)
      • Foreign law (EVIDENCE)
      • Hearsay - civil case
      • Identity (EVIDENCE)
      • Medical evidence
      • Parole evidence
      • Recent possession (EVIDENCE)
      • Sexual cases (EVIDENCE)
      • Similar fact evidence
      • Single witness
      • Statements from the bar
      • Witness (EVIDENCE)
    • EX PARTE APPLICATION See PRACTICE AND PROCEDURE (Application - ex parte)
    • EXCEPTION See PRACTICE AND PROCEDURE (Exception)
    • EXCHANGE CONTROL
      • Acquisition of foreign currency
      • Exchange Control Regulations 1996 (SI 109 of 1996)
      • Exchange rate
      • Making of payment outside the country
      • Offences under exchange control legislation relating to foreign currency
      • Payment of debt to foreign resident
    • EXECUTION See PRACTICE AND PROCEDURE (Execution)
    • EXECUTOR See ADMINISTRATION OF ESTATES (Executor)
    • EXPROPRIATION
    • EXTRADITION See CRIMINAL PROCEDURE (Extradition)
  • F
    • FAMILY LAW
      • Child (FAMILY LAW)
        • access to by non-custodian parent
        • child abduction
        • child removed from jurisdiction by one parent
        • custody of child
        • dispute as to paternity
        • guardianship
        • joint custody
        • juvenile court
        • legitimacyof child born during subsistence of customary law marriage -
        • name of child born out of wedlock
        • parent of child arrested by police
        • pendente lite
        • registration of birth
        • return of child to country of habitual residence
      • Children’s court
      • Court jurisdiction
      • Customary law See CUSTOMARY LAW (Family law).
      • Husband and wife (FAMILY LAW)
        • action for See DELICT (Actio injuriarum - adultery)
        • adultery
        • damages See DAMAGES (Adultery)
        • divorce (Husband and wife FAMILY LAW)
    • FOREIGN LAW See EVIDENCE (Foreign law)
  • G
    • GUARDIANSHIP See FAMILY LAW (Child - guardianship)
  • H
    • HEIR See ADMINISTRATION OF ESTATES, SUCCESSION and WILL
    • HIGH COURT
      • Appeal (HIGH COURT)
      • Judge (HIGH COURT)
      • Jurisdiction (HIGH COURT)
      • Powers (HIGH COURT)
    • HIRE PURCHASE
      • Contract (HIRE PURCHASE)
      • Finance charges
      • Hire-Purchase Act [Chapter 14:09]
    • HOUSE BREAKING See CRIMINAL LAW Common Law Offences (Housebreaking)
    • HUSBAND AND WIFE See FAMILY LAW (Husband and wife).
  • HUMAN RIGHTS
    • International law
      • Amnesty, effect of
      • Continuing violation
      • Costs
      • Derogation
      • Evidence
      • Inter-state complaints
      • Interim/Provisional measures
      • Interpretation
      • Jurisdiction
      • Justiciability
      • Locus standi (standing)
      • Mission by Commission
      • Relief
      • Remedies
      • Sanctions
      • Serious or gross violations
      • State responsibility
    • Subjects of human rights
      • Aged people
      • Children
      • Disabled people
      • Ethnic and racial and indigenous groups
      • Women
      • Workers
    • Substantive rights
      • Adoption
      • Armed conflict
      • Assembly
      • Association
      • Asylum and refuge
      • Child labour
      • Conscience
      • Cultural life
      • Death penalty
      • Democracy
      • Development
      • Dignity and honour and reputation
      • Disposal of wealth and natural resources
      • Education
      • Environment
      • Equality and non-discrimination
      • Equality before the law and equal protection of the law
      • Exploitation degredation abuse or trafficking
      • Express and disseminate opinion
      • Family
      • Food security
      • Harmful practices affecting the rights of women
      • Have his cause heard (fair trial)
      • Health
      • Housing
      • Independent judiciary
      • Integrity of the person
      • Language
      • LGBT (gender and sexual identity)
      • Liberty
      • Life
      • Marriage
      • Mass expulsion
      • Military service
      • Morals and traditional values
      • Movement and residence
      • Mutual respect and tolerance
      • Name
      • Nationality
      • Parental care and protection
      • Participate in government
      • Peace
      • Personhood
      • Privacy
      • Property
      • Receive information
      • Religion
      • Rest and leisure
      • Retrospective criminalisation
      • Rule of law
      • Security of the person
      • Segregation and apartheid
      • Self-determination
      • Sexual and reproductive health
      • Sexual violence and exploitation
      • Slavery
      • Social assistance services (welfare)
      • Torture cruel inhuman or degrading treatment
      • Violence
      • Work
  • I
    • ILLEGALITY See CONTRACT (Enforceability) and CONTRACT (Illegality)
    • IMMIGRATION
      • Domicile (IMMIGRATION)
      • Immigration Act [Chapter 4:02]
      • Prohibited immigrant
      • Prohibited person
    • IMMOVABLE PROPERTY
      • House forming part of matrimonial estate but registered in sole name of husband
      • Personal right in respect of immovable property
      • Rights in and to immovable property
    • IMPOSSIBILITY See CONTRACT (Impossibility)
    • IMPRISONMENT See CRIMINAL PROCEDURE (SENTENCE) General Principles
    • INCOME TAX See REVENUE AND PUBLIC FINANCE (Income Tax)
    • INDUSTRIAL LAW See EMPLOYMENT
    • INFORMATION TECHNOLOGY See COMPUTERS AND INFORMATION TECHNOLOGY
    • INSOLVENCY
      • Appointment of Official Receiver
      • Debtor
      • Declaration of bankruptcy order
      • Dispositions without value
      • Sequestration
      • Undue preference
    • INSTALMENT SALE See SALE (Immovable property - instalment sale)
    • INSURANCE
      • Contract (INSURANCE)
      • Insurance broker - registration
      • Subrogations
    • INTELLECTUAL PROPERTY
      • Copyright
        • nature of protection granted by copyright
        • ownership of copyright
        • selling of infringing copies of CDs and DVDs
      • Trade mark
        • concept of trade mark similarity
        • expungement of trade mark
        • infringement of registered trade mark
        • infringement of trade mark
        • passing off
        • priority in time of application for registration
        • similarity likely to lead to trade mark confusion
        • trade mark registration –
        • unauthorised use of a mark so nearly resembling a registered trade mark
        • when word may be registered as trade
    • INTERDICT
      • Application (INTERDICT)
      • Defamation See DELICT (Defamation - interdict).
      • Final interdict
      • Grant of interdict
      • Requirements for interdict
      • Restraining a party from disposing of assets of a marriage
    • INTEREST
      • Claim for interest
      • Date from which interest runs
        • in duplum rule
        • where date specified, interest runs from that
        • whether interest begins to run again from date of litis contestatio
      • Liability for interest
      • Rate of interest
        • rate of interest laid down in Money Lending and Rates of Interest Act [Chapter 14:14]
        • rate of interest not same as rate under Prescribed Rate of Interest Act [Chapter 8:10]
        • rate of interest when debt expressed in foreign currency
        • stipulated rate of interest in excess of rate laid down in Money Lending and Rates of Interest Act [Chapter 14:14]
      • When interest payable
    • INTERLOCUTORY ORDER See APPEAL (Interlocutory order)
    • INTERNATIONAL LAW
      • International human rights instruments signed
        • effect on domestic law of international human rights instruments
        • use of international human rights instruments to resolve ambiguity in domestic legislation and to ensure equal treatment
        • whether international human rights instruments are part of the law
      • International tribunals
        • access to international tribunals
      • Sovereign immunity
        • doctrine of restricted immunity
        • international organisation granted immunity under Privileges and Immunities Act [Chapter 3:03
      • Treaties
        • binding nature of treaties
        • human rights treaty
        • incorporation of treaties into domestic law
        • Protocol establishing SADC Tribunal
        • requirement to act in accordance with human rights, democracy and the rule of law
        • SADC Treaty
        • Tribunal required to develop its own jurisprudence, having regard to applicable treaties, general principles and rules of public international law
    • INTERPRETATION OF STATUTES
      • Ambiguity (INTERPRETATION)
      • Amending legislation (INTERPRETATION)
      • Common law (INTERPRETATION)
      • Golden Rule (INTERPRETATION)
      • Meaning of words
      • Particular words (INTERPRETATION)
      • Penal provisions (INTERPRETATION)
      • Retrospectivity (INTERPRETATION)
      • Schedules to an enactment
  • J
    • JOINDER OF PARTIES See PRACTICE AND PROCEDURE (Joinder)
    • JUDGE See HIGH COURT (Judge)
    • JUDGMENT See CRIMINAL PROCEDURE (Trial - judgment) and PRACTICE AND PROCEDURE (Judgment)
    • JURISDICTION See COURT (Jurisdiction)
    • JURISPRUDENCE
      • Kelsenian theory of efficacy
  • K
  • L
    • LAND
      • Acquisition of land
        • acquisition from foreign investor
        • acquisition notice issued before coming into effect of constitutional amendment No 17
        • allocation of land appropriated from original owner for resettlement
        • application to Administrative Court to confirm acquisition
        • holder of offer letter in respect of land
        • notice of acquisition of land
        • occupation by former owner of farm or any part thereof
        • offer letters (Acquisition of land)
      • Agricultural land
        • allocation of lease over land
      • Interest in agricultural land
      • Ownership
        • buyer having no right to transfer of land
        • effect of registration of ownership
        • land sold by instalments
      • Sale of land
      • Sectional title
      • Subdivision
    • LANDLORD AND TENANT
      • Commercial Premises (Rent) Regulations 1983
      • Eviction proceedings
      • Lease
      • Lessee See LANDLORD AND TENANT (Tenant)
      • Rent Board
      • Tenant
    • LEGAL PRACTITIONER
      • Admission (LEGAL PRACTITIONER)
      • Attorney-General (LEGAL PRACTITIONER) See also CRIMINAL PROCEDURE (Attorney-General).
      • Conduct and ethics (LEGAL PRACTITIONER)
      • Counsel
      • Privilege
      • Trust account
    • LIEN
      • Creditor’s lien
      • Loss of lien
      • Principles of lien
      • Salvage lien and improvement lien
      • Workman’s lien
    • LOAN See CONTRACT (Loan).
    • LOCAL GOVERNMENT
      • Councillors (LOCAL GOVERNMENT)
      • Elections (LOCAL GOVERNMENT)
      • Employee (LOCAL GOVERNMENT)
      • Local government election
      • Rural district council
      • Urban council
    • LOCUS STANDI See PRACTICE AND PROCEDURE (Locus standi)
  • M
    • MAGISTRATES COURT
      • Children’s court See COURT (Children’s court).
      • Jurisdiction of Magistrates Court
      • Juvenile court See COURT (Juvenile court).
      • Magistrate
      • Review (MAGISTRATES COURT)
    • MANDAMENT VAN SPOLIE See SPOLIATION
    • MARRIAGE See CUSTOMARY LAW (Marriage) and FAMILY LAW (Husband and wife - marriage)
    • MASTER AND SERVANT See EMPLOYMENT
    • MAXIMS
      • Audi alteram partem
      • Ex turpi causa non oritur actio
      • Expressio unius est exclusio alterius
      • In pari delicto mellor est conditio possidentis Logan v Sibiya 2002 (1) 531 (H)
      • Ut res magis valet quam pereat
    • MEDIA
      • Broadcasting
      • Control of media
        • registration of mass media
      • Right of reply
    • MEDICINE
      • Health Professions Council
      • Medical practitioner
      • Negligence - liability - medical
    • MENTAL DISORDERS See CRIMINAL LAW Defences (Insanity) and CRIMINAL PROCEDURE (Verdict - special verdict)
    • MILITARY LAW
      • Appeal - court martial - appeal against decision of
    • MINES AND MINERALS
      • Rights (MINES AND MINERALS)
      • Tribute agreement (MINES AND MINERALS)
    • MISJOINDER See PRACTICE AND PROCEDURE (Joinder)
    • MISTAKE See CONTRACT (Mistake)
    • MORTGAGE
      • Mortgage bond over residential property
      • Substituted security
    • MURDER See CRIMINAL LAW (Murder)
  • N
    • NATIONALITY See CONSTITUTIONAL LAW (Citizenship)
    • NEGLIGENCE
      • Action for negligence
      • Defence of sudden emergency
      • Duty of care (NEGLIGENCE)
      • Liability for negligence
      • Motoring case
    • NEGOTIABLE INSTRUMENTS
      • Promissory notes
    • NOVATION See CONTRACT (Novation)
  • O
    • OCCUPIER See PROPERTY AND REAL RIGHTS (Occupier)
    • OFFER See CONTRACT (Offer)
    • OPTION See SALE (Option)
    • OWNERSHIP See PROPERTY AND REAL RIGHTS (Ownership)
  • P
    • PARLIAMENT See CONSTITUTIONAL LAW (Parliament)
    • PARTNERSHIP
      • Dissolution of partnership
        • division of property following dissolution of partnership
      • Formation of partnership
        • essentials not necessarily conclusive to existence of a partnership
        • need to show that business was being carried out for joint benefit of both partners
        • objectives of partnership
      • Good faith (Partnership)
        • breach by one party of duty of good faith (PARTNERSHIP)
        • requirement for good faith (PARTNERSHIP)
        • unfinished partnership business after de facto termination of agreement
      • Tacit universal partnership
    • PASSING OFF
      • Applicability of action other than in trade relationships (PASSING OFF)
      • Goodwill (PASSING OFF)
      • Requirements to establish claim (PASSING OFF)
      • Use of distinctive word and packaging (PASSING OFF)
    • PENALTY CLAUSE See CONTRACT (Penalty)
    • PENSIONS
      • Disablement pension
      • Pension benefits
    • PERSONS
      • Artificial person
        • universitas
    • POLICE
      • Action against (POLICE)
      • Discipline (POLICE)
        • dismissal from force
        • officer convicted and sentenced in a magistrates court
      • Duties (POLICE)
        • act in defence of third party property (POLICE)
        • enforce law and protect constitutional right to protection of the law (POLICE)
      • Force – use of to preserve law and order
      • Police officer – discipline See POLICE (Discipline)
      • Standing orders (POLICE)
    • POSTS AND TELECOMMUNICATIONS
    • PRACTICE AND PROCEDURE
      • Abatement of suits
      • Absent party
      • Absolution from the instance – principles
        • application made in respect of ancillary matter
        • court should lean in favour of case continuing
      • Abuse of process
        • court's jurisdiction to protect itself from abuse
        • frivolous and vexatious
        • penalty for abuse of process
        • stay of proceedings (Abuse of process)
        • summary dismissal of action (Abuse of process)
      • Action (PRACTICE AND PROCEDURE)
        • ancillary issue not specifically before court
        • cause of action
        • dismissal of – application for
        • distinction from application
      • Address (PRACTICE AND PROCEDURE)
      • Adjournment
      • Admissions (PRACTICE AND PROCEDURE)
      • Affidavit (PRACTICE AND PROCEDURE)
        • affidavit in support of application
        • answering affidavit
        • attestation
        • authorization of deponent
        • filing
        • founding affidavit
        • signatory to affidavit
        • supporting affidavit filed in opposition to claim
        • what is not denied in affidavits must be taken to be admitted
      • Amendment of cause of action
      • Anton Piller order
      • Appearance to defend
        • matrimonial case
        • requirement to serve copy of notice on plaintiff or his legal practitioner
      • Application (PRACTICE AND PROCEDURE)
        • affidavit See PRACTICE AND PROCEDURE (Affidavit)
        • against banking institution placed under curatorship
        • Anton Piller order (Application)
        • application for dismissal of action
        • cause of action must be set out in founding affidavit
        • chamber application
        • court application
        • declaratory order See PRACTICE AND PROCEDURE (Declaratory order).
        • directions See PRACTICE AND PROCEDURE (Directions).
        • dismissal of application
        • dispute of fact (Application)
        • domestic remedies not exhausted (Application)
        • eviction order
        • ex parte application
        • interdict See INTERDICT
        • late noting of application
        • pleadings See PRACTICE AND PROCEDURE (Pleadings – application proceedings)
        • provisional order (Application)
        • response to (Application)
        • review See REVIEW (Application)
        • striking out See PRACTICE AND PROCEDURE (Striking out).
        • urgent See PRACTICE AND PROCEDURE (Urgent application)
        • validity (Application)
          • when appropriate (Application)
          • withdrawal by applicant after set down (Application)
      • Attachment – to found or confirm jurisdiction
        • what property may be attached
        • when may be dispensed with (Attachment)
      • Bar (PRACTICE AND PROCEDURE)
        • failure to file plea
        • opposed application set down as unopposed
        • procedure for barring
        • upliftment of bar
      • Claim (PRACTICE AND PROCEDURE)
      • Class action
        • class action may only be brought in High Court
        • representative (Class action)
        • who may bring class action
      • Commission (PRACTICE AND PROCEDURE)
      • Condonation (PRACTICE AND PROCEDURE)
        • application for condonation
        • condonation of non-observance of any time limit
      • Contempt of court See COURT (Cintempt)
      • Court proceeding in absence of a party
      • Damages (PRACTICE AND PROCEDURE)
      • Declaratory order
      • Default judgment
        • appeal against default judgment
        • execution following default judgment
        • late appearance of entry to defend default judgment
        • liquidated demand (Default judgment)
        • not a decision on the merits (Default judgment)
        • rescission (Default judgment)
        • time limits (Default judgment)
        • validity (Default judgment)
      • Directions – application for
        • matter pending in Labour Relations Tribunal
        • purpose of application for directions
      • Discovery
        • application for discovery
        • documents in possession of third party (Discovery)
        • further discovery
        • information in possession of third party regarding wrongdoing (Discovery)
        • purpose of Discovery
      • Dispute of facts (PRACTICE AND PROCEDURE)
      • Documents (PRACTICE AND PROCEDURE)
      • Exception (PRACTICE AND PROCEDURE)
        • exceptio non causa debiti, exceptio non numeratae pecuniae and exception errore calculi
        • lis alibi pendens
        • when may be filed (Exception)
      • Execution (PRACTICE AND PROCEDURE)
        • Deputy Sheriff’s entitlement to commission
        • pending appeal of execution
        • sale (Execution)
        • stay of execution
        • when should execution appeal be granted
      • Frivolous and vexatious See PRACTICE AND PROCEDURE (Abuse of process).
      • Garnishee proceedings
      • Heads of argument
        • delivery of to other party
        • effect of failure to file heads of argument timeously
        • respondent’s heads of argument
        • time within which heads of argument to be filed
      • Interdict See INTERDICT.
      • Interpleader proceedings
        • property attached in execution
      • Joinder of parties
        • action against Electoral Commission
        • application for order that State employee be held in contempt of court
        • claim in reconvention by defendant in main action
        • different respondents having conflicting interests
        • joinder by order of court
        • non-joinder
        • principles (Joinder of parties)
        • when may be ordered (Joinder of parties)
      • Judgment (PRACTICE AND PROCEDURE)
        • by consent (Judgment)
        • claim expressed in foreign currency (Judgment)
        • correction of judgment
        • currency in which judgment may be expressed
        • default See PRACTICE AND PROCEDURE (Default judgment)
        • determination of issues raised (Judgment)
        • enforcement of judgment
        • finality of judgment
        • foreign judgment
        • judgment expressed in foreign currency
        • rescission See PRACTICE AND PROCEDURE (Rescission of judgment).
        • summary judgment See PRACTICE AND PROCEDURE (Summary judgment).
        • validity of judgment
      • Jurisdiction (PRACTICE AND PROCEDURE)
        • divorce case (Jurisdiction)
        • peregrinus See COURT (Jurisdiction – peregrinus)
      • Lis pendens
      • Locus standi
      • Locus standi in judicio
      • Locus standi of holder of power of attorney
      • Matrimonial matter (PRACTICE AND PROCEDURE)
      • Notice to defend
      • Order (PRACTICE AND PROCEDURE)
        • declaratory order
        • interlocutory order
        • mandamus
        • nature of order
        • order by consent
        • party’s duty to comply with order
        • provisional order See PRACTICE AND PROCEDURE (Provisional order)
        • validity of order
      • Parties (PRACTICE AND PROCEDURE)
        • "clean hands” – requirement to come to court with
        • citation of parties
        • class action See PRACTICE AND PROCEDURE (Class action)
        • company (Parties)
        • deceased estate (Parties)
        • fugitive from justice (Parties)
        • joinder of See PRACTICE AND PROCEDURE (Joinder of parties).
        • judge of the High Court (Parties)
        • locus standi See PRACTICE AND PROCEDURE (Locus standi)
        • Ministry of Health (Parties)
        • non-suiting of parties
        • order requiring the performances of acts by person who is not a party to action
        • police officer (Parties)
        • President (Parties)
        • representation (Parties)
        • representative action (Parties)
        • State Procurement Board (Parties)
        • substitution (Parties)
        • trust (Parties)
        • voluntary association (Parties)
        • Zambia Broadcasting Corporation (Parties)
        • Zambia Stock Exchange (Parties)
      • Plea
        • lis pendens See PRACTICE AND PROCEDURE (Lis pendens)
        • prescription (Plea)
        • res judicata See PRACTICE AND PROCEDURE (Res judicata)
        • special pleas, exceptions and applications to strike out
      • Plea in abatement
        • distinction from exception
      • Pleadings
        • amendment of pleadings
        • application proceedings (Pleadings)
        • contents of pleadings
        • declaration – delictual action (Pleadings)
        • extent to which parties are bound by pleadings
        • plea to in answer to summons
      • Postponement
      • Pre-trial conference
        • agreement made at conference
        • purpose of pre-trial conference
      • Prescription See PRESCRIPTION.
      • Process (PRACTICE AND PROCEDURE)
        • founding affidavit (Process)
        • service of (Process)
      • Provisional order
      • Provisional sentence
      • Record (PRACTICE AND PROCEDURE)
      • Recusal (PRACTICE AND PROCEDURE)
      • Res judicata
        • based on judgment in personam (Res judicata)
        • essentials of res judicata
        • issue estoppel (Res judicata)
        • previous litigation between same parties (Res judicata)
        • principles (Res judicata)
        • requirements for (Res judicata)
      • Rescission of judgment
        • application for rescission of judgment
        • principles (Rescission of judgment)
      • Review See REVIEW
      • Rights of action (PRACTICE AND PROCEDURE)
      • Rules of court – departure from (PRACTICE AND PROCEDURE)
      • Sale in execution See PRACTICE AND PROCEDURE (Execution – sale).
      • Set-down (PRACTICE AND PROCEDURE)
        • application (Set-down)
        • notice of (Set-down)
      • Stare decisis
      • Stay of proceedings
      • Striking out
      • Summary judgment
        • application for summary judgment
        • claim for eviction (Summary judgment)
        • defence to summary judgment
        • defendant raising triable issue (Summary judgment)
        • evidence which may be led by plaintiff (Summary judgment)
        • founding affidavit (Summary judgment)
        • principles (Summary judgment)
      • Summons
      • Taxation
      • Time - reckoning of (PRACTICE AND PROCEDURE)
      • Trial (PRACTICE AND PROCEDURE)
      • Urgent Application
        • application for spoliation order
        • application made either ex parte or at very short notice
        • certificate of urgency
        • good faith and full disclosure of all material facts (Urgent Application)
        • interdict sought as provisional relief (Urgent Application)
        • what constitutes urgency (Urgent application)
        • when may be made (Urgent application)
    • PRESCRIPTION
      • Extinctive prescription
      • Interruption of prescription
      • Period of prescription
      • Pleading (PRESCRIPTION)
    • PRISONS
      • Prison officers
      • Sentence (PRISONS)
    • PRIVATE INTERNATIONAL LAW See CONFLICT OF LAWS
    • PRIVILEGE See DEFAMATION (Defences)
    • PROFESSIONS AND TRADES
      • Estate agent
      • Insurance broker
      • Legal practitioner See LEGAL PRACTITIONER
      • Quantity surveyor
      • Stockbroker
    • PROPERTY AND REAL RIGHTS
      • Immovable property See IMMOVABLE PROPERTY
      • Land See LAND.
      • Lien See LIEN.
      • Mortgage See MORTGAGE
      • Occupier
        • improvements effected by
      • Ownership
        • acquisition of ownership
        • actio rei vindication
        • ownership of immovable property
        • transfer of real property
      • Property – division of
      • Res litigiosa
      • Reversionary right
      • Servitude
        • exercise of servitude
        • praedial servitude
        • right of access to grave (iter ad sepulchrum)
      • Spoliation See SPOLIATION
    • PROSECUTOR See CRIMINAL PROCEDURE (Prosecutor)
    • PUBLIC SERVICE
      • Disciplinary proceedings (PUBLIC SERVICE)
      • Public servant
  • Q
  • R
    • RAILWAYS
    • RECUSAL
      • Allegation of bias (RECUSAL)
      • Application for recusal
    • REGULATIONS See INTERPRETATION OF STATUTES (Regulations) and STATUTES (Regulations)
    • REVENUE AND PUBLIC FINANCE See also CUSTOMS AND EXCISE
      • Commissioner of Taxes
      • Commissioner-General of Zambia Revenue Authority
      • Customs duty
      • Duty and value-added tax
      • Expenditure (REVENUE AND PUBLIC FINANCE)
      • Income tax
        • assessment of income tax
        • gross income (Income tax)
        • income (Income tax)
        • income tax for non-residents
        • interest (Income tax)
        • management share option scheme (Income tax)
        • overdraft facility (Income tax)
        • recovery of income tax
        • tax due on interest payable to issuer of promissory notes
        • taxable income
        • Treasury bill (Income tax)
      • Interest (REVENUE AND PUBLIC FINANCE)
        • meaning of interest ito Income Tax Act
        • taxpayer
      • Levy on employers
      • Public moneys
      • Reserve Bank
      • Sales tax
      • Taxes
      • Treasury bills
      • Value added tax
    • REVIEW
      • Application for review
      • Civil and criminal review
      • Civil matter review
      • Condonation (Review)
      • Criminal matter See CRIMINAL PROCEDURE (Review)
      • Domestic remedies (Review)
      • Interlocutory decision of administrative
      • Proceedings brought on review
      • Reviewable decision
      • Small claims court (Review)
      • Statement of grounds of relief
      • Taxation (Review)
  • S
    • SALE
      • Breach of warranty against eviction (SALE)
      • Conditional(SALE)
      • Contract (SALE)
        • "free of deduction”(Contract SALE)
        • agreement that part of sale price be payable in local currency but calculated in relation to a foreign currency value
        • interpretation of contract for sale
      • Double sale
        • immovable property (Double sale)
      • Immovable property (SALE)
        • instalment sale (Immovable property (SALE))
        • price payable “free of deduction"
        • sale of portion of immoveable property
      • Instalment sale See SALE (Immovable property – instalment sale)
      • Option (SALE)
        • offeree exercising right by refusing to buy at price offered
        • right of first refusal (pre-emption) (SALE)
      • Res litigiosa (SALE)
      • Validity (SALE)
        • lack of consent (Validity, SALE)
          • Option (SALE)
            • right of first refusal (pre-emption)
        • purchase price paid in foreign currency (Validity, SALE)
        • sale of land (Validity, SALE)
    • SCHOOL See EDUCATION (School).
    • SPECIFIC PERFORMANCE See CONTRACT (Breach – remedies – specific performance)
    • SPOLIATION
      • Order (SPOLIATION)
      • Possession protected by spoliatory remedies
      • What is (SPOLIATION)
    • SPORT
      • Regulation of sport
    • STATUTES
      • Delegated legislation
      • International instruments
      • Interpretation See INTERPRETATION OF STATUTES
      • Regulations – validity
        • presumption in favour of regulations validity
        • regulations effectively altering provisions of parent Act
        • statute published in Revised Edition of Laws
        • when can regulations be declared to be ultra vires
      • Retrospectivity
    • STATUTORY TENANT See LANDLORD AND TENANT (Tenant – statutory tenant)
    • STOCK EXCHANGE
      • Discipline of stockbrokers
      • Litigation – Zambia Stock Exchange
    • STOCKBROKER See PROFESSIONS AND TRADES (Stockbroker)
    • SUCCESSION
      • Family arrangement (SUCCESSION)
      • Spouse (SUCCESSION)
      • Testator (SUCCESSION)
      • Will See WILL
    • SUMMARY JUDGMENT See PRACTICE AND PROCEDURE (Summary judgment)
    • SUPREME COURT
      • Appeal to Supreme Court on a question of law
      • Composition of Supreme Court
      • court’s wide powers in civil appeal (Supreme Court)
      • declaratory order (Supreme Court Powers of)
      • Jurisdiction of Supreme Court
        • application for stay of execution pending appeal to the Supreme Court
        • court’s powers of review
        • inherent jurisdiction to control its judgment (Jurisdiction of the Supreme Court)
        • inherent jurisdiction to control processes and protect itself from abuse (Supreme Court)
        • rectification of irregularity (Jurisdiction of Supreme Court)
        • review (Jurisdiction of Supreme Court)
        • when Supreme Court may exercise review powers
      • Powers of Supreme Court
    • SURETYSHIP
      • Surety – liability of
        • action brought against surety after judgment taken against principal debtor
        • judgment debt arising out of principal debtor’s failure to pay debt
  • T
    • TORT
      • Article destroyed by negligence
      • Compensation (TORT)
      • Conversion (TORT)
      • Costs (TORT)
      • Customary law tort
      • Damages (TORT)
      • Defamation (TORT)
        • Damages (Defamation, TORT)
        • Defamatory statement
        • Defence of qualified privilege (Defamation, TORT)
        • Libel (Defamation, TORT)
        • Privileged occasion
      • Interference with contractual relations (TORT)
      • Malicious prosecution (TORT)
      • Negligence (TORT)
        • Professional negligence
        • Vicarious liability (Negligence (TORT))
      • Nuisance (TORT)
      • Physical injury (TORTS)
      • Slander (Defamation, TORT)
      • Tortfeasors
      • Trespass
      • Trespass to land
      • Vicarious liability (TORTS)
      • Whether substantial damages can be recovered without proof of actual loss
    • TOWN AND COUNTRY PLANNING
      • Administrative Court (TOWN AND COUNTRY PLANNING)
      • Appeal – to Administrative Court – what decisions are subject to appeal to
      • Building erected in violation of building by-laws
      • Building permit
      • Development (TOWN AND COUNTRY PLANNING)
      • Master plan (TOWN AND COUNTRY PLANNING)
      • Scheme (TOWN AND COUNTRY PLANNING)
      • Subdivision of property
    • TRADE
      • Competition
    • TRADE MARK See INTELLECTUAL PROPERTY (Trade mark)
    • TRUST
      • Nature of Trust
      • Status of Trust
  • U
    • UNIVERSITY See EDUCATION (University)
    • UNJUST ENRICHMENT See ENRICHMENT (Unjust).
  • V
    • VOLUNTARY ASSOCIATIONS See ASSOCIATIONS.
  • W
    • WAIVER
      • Waiver of rights by a party
      • What constitutes Waiver
      • When Waiver may be inferred
    • WILL
      • Alteration of will
      • Beneficiary of will
      • Capacity to make will
      • Formalities of will
      • Interpretation of will
      • Revocation of will
      • Validity of will
      • Variation of will
    • WRONGFUL ARREST See DAMAGES (Delictual – unlawful arrest and imprisonment)
    • WRONGFUL DISMISSAL See EMPLOYMENT (Wrongful dismissal)
  • X
  • Y
  • Z

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