1 Short title This Act may be cited as the General Laws Amendment Act, 2016. Sale in execution See PRACTICE AND PROCEDURE (Execution – sale). Read, highlight, and take notes, across web, tablet, and phone. LOCUS STANDI See PRACTICE AND PROCEDURE (Locus standi). Chissano Takes the Baton. Electoral Supervisory Commission See below, under ELECTIONS (Electoral Supervisory Commission). Defamation: protecting reputation or suppressing media freedom? The second claimant correctly argued that a company is a separate legal persona from its members and as such it would be improper to attach the property of the members to satisfy the debt of the company. This, coupled with the lack of any documentary proof to show that the goods belong to the second claimant leads me to the finding that the second claimant failed to prove on a balance of probabilities that the household goods are hers. The court may, in and for the purpose of any interpleader proceedings, make – (a) all such orders as to any additional expenses of execution occasioned by the claim as it thinks just; and (b) such order as it thinks just as to the payment of costs incurred by the applicant. effect of failure to file heads of argument timeously, time within which heads of argument to be filed, 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, claim expressed in foreign currency (Judgment), currency in which judgment may be expressed, default See PRACTICE AND PROCEDURE (Default judgment), determination of issues raised (Judgment). In an interpleader application the law is settled. Right to property protection against deprivation of property without fair compensation, 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, when may be regarded as an organ of the State, Arbitration clause in contract See ARBITRATION (Arbitration clause), vicarious liability for breach of contract, purpose of award of damages (Breach of contract), election by innocent party to terminate or abide by contract, rights accrued before the date of termination, when need not be accepted as constituting entire contract between parties, when clause may relieve party of liability for negligence, essential requirements (Formation of contract), mental capacity of contracting party (Formation of contract), 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], impossibility when extinguishes obligations under contract, supervening impossibility alleged by non-performing party, whether contract one of hire or for services, Right of first refusal or pre-emption See SALE (Option), renunciation of exceptions non causa debiti, non numeratae pecuniae and errore calculi, contract made in breach of statutory prohibition, contract providing that loan be repaid in foreign currency, justus error on part of party to contract, Costs incurred before commencement of proceedings, 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, Filing of voluminous and unnecessary documents in a court application, dishonest conduct and behaviour by applicant, general behaviour of litigants throughout the litigation completely unjustified, lack of bona fides and deplorable conduct, party to civil dispute wrongfully having recourse to criminal law, duty to obey order and seek redress afterwards, need to show that person knew of court order, party allegedly in contempt approaching court for relief, requirement that applicant purge its contempt before approaching court for relief, jurisdiction of the High Court in labour matters, Juvenile court See also COURT (Children’s court), Labour Court See EMPLOYMENT (Labour Court), Precedent See PRACTICE AND PROCEDURE (Stare decisis), Vexatious proceedings See PRACTICE AND PROCEDURE (Abuse of process), Assault with intent to do grievous bodily harm, Unlawful entry into premises followed by theft of property therefrom, 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), Copyright and Neighbouring Rights Act [Chapter 26:05], Criminal Law Amendment Act [Chapter 9:05], Law and Order (Maintenance) Act [Chapter 11:07], Miscellaneous Offences Act [Chapter 9:15], Prevention of Corruption Act [Chapter 9:16], Public Order and Security Act [Chapter 11:17], accused appearing in court after High Court order issued, exceptions, provisos and exemptions (charge), Indictment See CRIMINAL PROCEDURE (Charge), Insanity See CRIMINAL PROCEDURE (Verdict – special verdict), Postponement See CRIMINAL PROCEDURE (Remand), Sentence See CRIMINAL PROCEDURE SENTENCE General Principles, Specification of person suspected of corruption offences, special verdict on grounds of accused’s insanity, CRIMINAL PROCEDURE (SENTENCE) Common Law Offences, Crimes of dishonesty unaccompanied by violence (Sentence; common law), extenuating circumstances in murder sentencing, infanticide See CRIMINAL PROCEDURE (SENTENCE) (Statutory offences – infanticide), Receiving stolen property knowing it to have been stolen v, Stock theft See CRIMINAL PROCEDURE (SENTENCE) (Statutory offences – stock theft), CRIMINAL PROCEDURE (SENTENCE) General Principles, Back-dating of prison sentence to date of convicted person’s arrest, Matters which court may take into account (Sentence), CRIMINAL PROCEDURE (SENTENCE) Offences Under Criminal Law Code, Crimes of dishonesty unaccompanied by violence (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), 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), distribution of matrimonial estate (CUSTOMARY LAW), matter capable of resolution by either general law or customary law, no agreement between parties that it should apply, wife’s entitlement to division of estate (CUSTOMARY LAW), consideration to applicable customary principles of succession, approach to be followed in magistrates courts, bigamous marriage, effects of (Family law -CUSTOMARY LAW), customary marriage followed by civil marriage, division of property following 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), property rights under customary law marriage, testing validity of customary law marriage, husband marrying a second wife under civil law while first marriage subsisted, rights of widow under customary law to share of estate. Then in her affidavit of 25 February 2014 in response to this application second claimant stated that the household goods were attached at her house. She said that these were goods which were in her home. MUREMBA J. HARARE, 26 May 2015 and 3 June 2015 . Rule interpleader provides a remedy for any person who is, or may be exposed to double or multiple liabilities. Mr Kunze also argued that by failing to change ownership of the motor vehicle into his name within two weeks of purchasing it as is required in terms of s 14 of the Vehicle Registration and Licensing Act [Chapter 13:14], the second claimant was in violation of the law and as such it rendered him not to be the owner of the motor vehicle. Restraining a party from disposing of assets of a marriage, where date specified, interest runs from that, whether interest begins to run again from date of litis contestatio, 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], INTERLOCUTORY ORDER See APPEAL (Interlocutory order), 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 organisation granted immunity under Privileges and Immunities Act [Chapter 3:03, incorporation of treaties into domestic law, requirement to act in accordance with human rights, democracy and the rule of law, Tribunal required to develop its own jurisprudence, having regard to applicable treaties, general principles and rules of public international law, JOINDER OF PARTIES See PRACTICE AND PROCEDURE (Joinder), JUDGMENT See CRIMINAL PROCEDURE (Trial - judgment) and PRACTICE AND PROCEDURE (Judgment), 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, occupation by former owner of farm or any part thereof, buyer having no right to transfer of land, Commercial Premises (Rent) Regulations 1983. 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