FACULTY OF LAW
ACCESS TO JUSTICE CENTRE
CLINICAL TEACHING UNIT
TUTORIALS
MODULE TITLE: CIVIL PROCEDURE LOWER COURTS
PRINCIPAL LECTURER: Dr Rodgers Matsikidze
CONTACT DETAILS: 0775583333
EMAIL: rmatsikidze@[Link].
1.1. Introduction to Civil Procedure
1.1.1. Defining Civil ProcedureDistinguishing Civil Proceedings from other
Proceedings.
1.1.2. The Purpose of Civil Litigation.
1.1.3. Principles Underpinning adversarial civil procedure
1.1.4. Jurisdictional principles: The doctrine of submission and effectiveness, and
actor sequitor forum rei principle.
1.1.5. Access to justice and civil procedure.
1.1.6. Principles of access to court
TUTORIAL 1
1. What are the key principles underpinning adversarial civil procedure? [10 marks]
2. What is the purpose of civil procedure? [10 marks]
3. What is a demand? Outline the requirements for a valid demand. [10 marks]
4. At what stage/s can a summons be amended? (1 marks)
5. Explain the importance of non-disclosure of a rejected offer in settlement by a Plaintiff
before a magistrate delivers a judgment. (2 marks)
6. All documents filed in the court are supposed to be served by the messenger of the court.
TRUE/FALSE (1 mark)
7. A client has a dispute arising from customary law and wants you to appear and represent
you before a Primary Court. Will you accept the instructions to represent him? Explain
your answer (1 mark)
8. List four grounds which may result in one filing an application for review of a local court
decision. (2 marks)
9. Define ‘jurisdiction’ in the context of civil courts. Why is it essential for a court to have
jurisdiction before hearing a matter? [10 marks]
10. Discuss the different types of jurisdictions exercised by civil courts (e.g., territorial,
subject-matter, and pecuniary jurisdiction). Provide examples. [10 marks]
11. Explain the principle of ‘access to justice’ and discuss its significance in the civil justice
system. [10 marks]
12. Is access to court considered a constitutional right? Refer to relevant statutory or
constitutional provisions in your jurisdiction. [10 marks]
13. Identify and explain key barriers that may impede effective access to court for ordinary
litigants. Include both procedural and substantive examples. [8 marks]
14. What remedies are available to a party who has been denied access to court due to lack of
jurisdiction? [5 marks]
15. Critically evaluate the impact of court fees and legal costs on access to justice. Suggest
reforms, if any, that could enhance access for indigent litigants. [7 marks]
16. Discuss the doctrine of actor sequitor forum rei and its relevance to access to justice. [5
marks]
17. Outline procedural safeguards designed to ensure fair access to court for vulnerable or
disadvantaged litigants. [6 marks]
18. Explain how the doctrine of separation of powers relates to the right of access to court. [4
marks]
1.2. General Principles of Civil Procedure
1.2.1. Locus standi in judicio
1.2.2. Prescription
1.2.3. Citation of parties
1.2.4. Legal terminology in civil litigation
1.2.5. Demand and essential requirements
TUTORIAL QUESTION 2
Short Answer and Essay Questions
1 Locus Standi in Judicio: Define the doctrine of locus standi in judicio. Why is locus
standi important for the administration of justice in civil litigation? (10 marks)
2 Prescription: Explain the concept of prescription in civil law. How does the expiration
of a prescriptive period affect the right of a claimant to bring an action? (10 marks)
3 Citation of Parties: Outline the formal requirements for citing parties in a civil action.
What are the implications of incorrectly citing a party, and how may such errors be
rectified? (10 marks)
4 Action and Application Procedure: Compare and contrast the procedures for
commencing actions and applications in civil court. What factors determine whether a
matter should be brought by way of action or application? (10 marks)
5 Legal Terminology in Civil Procedure: Define any five common legal terms used in
civil litigation (e.g., plaintiff, defendant, summons, affidavit, interlocutory). (10
marks)
6 Demand and Essential Requirements: Discuss the significance of a formal demand
before commencing civil proceedings. What are the essential requirements of a valid
demand? (10 marks)
Problem Questions
1. Problem 1: Locus Standi and Prescription
2. Alex wishes to sue BetaCorp for breach of contract. However, the alleged breach
occurred seven years ago, and the statutory period for bringing such claims is three
years. Alex was not personally affected but is acting on behalf of a friend who
suffered loss. Discuss any legal obstacles Alex may encounter regarding locus standi
and prescription, and advise whether the claim can proceed. (10 Marks)
3. Problem 2: Citation of Parties
4. In a civil claim, the plaintiff names the defendant as “Charlie Jones” in the summons,
but the defendant’s legal name is “Charles Jonson.” The defendant claims
misidentification and seeks dismissal of the action. Explain whether this error is fatal
to the proceedings and what remedies are available to the plaintiff. (10 marks)
5. Problem 3: Action vs. Application Procedure
6. Dana seeks an urgent interim order to prevent the transfer of property pending a final
court decision. Should Dana proceed by way of action or application? Outline the
procedural steps Dana should follow and justify your answer. (10 marks)
7. Problem 4: Legal Terminology
8. The following terms appeared in a recent civil case: “locus standi,” “prescription,”
“interlocutory order,” “summons,” “affidavit.” Briefly define each term and illustrate
their use in civil proceedings. (10 marks)
9. Problem 5: Demand and Commencement of Action
10. Before filing a lawsuit for non-payment of a debt, Finn sends an informal
email to the debtor demanding payment. The debtor ignores the email. Finn then files
suit. The debtor argues that the demand was legally insufficient. Discuss whether
Finn’s email constitutes a valid demand and its effect on the proceedings. (10 marks)
1.3. Tribunals
1.3.1. Procedure
1.3.2. Principles of Natural Justice.
TUTORIAL QUESTION 3
1.1. Discuss the role of tribunals in the administration of justice and distinguish their
procedures from those of regular courts.
1.2. Explain the key principles of natural justice that must be observed in tribunal
proceedings. Additionally, analyze the function and legal status of ad hoc tribunals,
providing examples of circumstances in which they may be established. (10 marks)
1.3. The Customary Courts
1.3.1. Local Courts
1.3.2. Primary and Community Courts
1.3.3. Establishment and jurisdiction of local courts
1.3.4. Rules of Procedure in local courts
1.3.5. Trials in local courts
1.3.6. Judgments of local courts
1.3.7. Enforcement of judgments of local courts
1.3.8. Appeals and reviews
TUTORIAL 4
1. What are customary law courts, and what is their primary function within the judicial
system? (10 marks)
2. Describe the process by which customary courts are established in your jurisdiction.
What legal provisions govern their creation? (10 marks)
3. Explain the jurisdiction of customary law courts. What types of cases do they
typically handle? (10 marks)
4. Discuss the rules of procedure typically followed in customary courts. How do these
rules differ from those in formal courts? (10 marks)
5. How are trials conducted in customary courts, and what principles guide their
proceedings? (10 marks)
6. What mechanisms exist for the enforcement of judgments passed by customary law
courts? (10 marks)
7. Describe the process for appealing or reviewing decisions made by customary law
courts. Who has the authority to hear such appeals? (10 marks)
8. What challenges might arise during the review or appeal process in customary law
courts? (10 marks)
9. Analyze the potential advantages and disadvantages of resolving disputes in
customary courts as opposed to formal courts. (10 marks)
10. In what ways can the jurisdiction and procedures of customary courts impact
access to justice in rural or traditional communities? (10 marks)
1.4. Small Claims Courts
1.4.1. Jurisdiction
1.4.2. Composition of the court
1.4.3. Procedure and hearings
1.4.4. Principles of natural justice in hearings
1.4.5. Judgments
1.4.6. Enforcement of judgments
1.4.7. Appeals and reviews
TUTORIALS 5
1. Discuss the jurisdiction of Small Claims Courts and analyze how their scope of
authority influences the resolution of civil disputes. (10 marks)
2. Describe the composition of a Small Claims Court and explain the functions of its
members during proceedings. (10 marks)
3. Outline the typical procedures and steps involved in hearings before a Small Claims
Court and evaluate their effectiveness in ensuring fair and timely justice. (10 marks)
4. Examine how the principles of natural justice are upheld during hearings in Small
Claims Courts, providing examples from practice. (10 marks)
5. Explain the process through which judgments are delivered in Small Claims Courts
and discuss the factors that may affect the final decision. (10 marks)
6. Analyze the methods available for the enforcement of judgments from Small Claims
Courts and discuss the challenges that may arise in practice. (10 marks)
7. Evaluate the appeal and review mechanisms available against decisions made by
Small Claims Courts and discuss their importance for access to justice. (10 marks)
1.5. The Magistrates Court
1.5.1. Composition and location of the Court
a. The role of the Magistrate
b. The role of assessors
c. The establishment of the Magistrates Court
d. The constitutional jurisdiction in terms of section 175 of the Constitution of
Zimbabwe.
1.5.2. The court officials
a. The clerk of court
b. The registry staff
c. The messenger of court
d. The Provincial Magistrate
TUTORIAL 6
2. Describe the composition of the Magistrates Court. (5 marks)
3. Who are the key officials present during proceedings, and what are their functions? (5
marks)
4. Discuss the role of the Magistrate in the administration of justice within the Magistrates
Court. (5 marks)
5. How does the Magistrate contribute to the fair and efficient resolution of cases? (5 marks)
6. Explain the process involved in the establishment of the Magistrates Court in Zimbabwe.
(5 marks)
7. How is a Magistrate Court established in terms of the law? (5 marks)
8. Analyze the constitutional jurisdiction of the Magistrates Court as provided under section
175 of the Constitution of Zimbabwe. What powers and limitations are set out by this
section?(10 marks)
9.
9.1.1. Jurisdiction and the Limits thereto
a. Monetary jurisdiction
b. Jurisdiction based on cause of action
c. Territorial/geographical jurisdiction
d. Liquid claims and liquidated claims
e. Counterclaims exceeding the jurisdiction of the Magistrates Court.
TUTORIAL 7
1. Short Answer Questions
2. Explain the territorial and geographical jurisdiction of a Magistrates Court in
Zimbabwe. (10 Marks)
3. What types of claims are within the monetary jurisdiction of a Magistrates Court?
Give examples of both liquid and illiquid claims. (10 Marks)
4.
5. What is meant by "cause of action" in the context of issuing a summons in the
Magistrates Court? (10 Marks)
6. How does the Magistrates court handle counterclaims that exceed its monetary
jurisdiction? (10 Marks)
7. Distinguish between liquid and illiquid claims with reference to their treatment in the
Magistrates Court? (10 Marks)
8. Problem Questions
9. Tawanda issues a summons in the Magistrates Court claiming payment of $50,000 for
goods sold and delivered. The defendant files a counterclaim for $1 000,000. Discuss
whether the Magistrates Court has jurisdiction to hear both the claim and the
counterclaim. (10 Marks)
10. Maria sues John in the Magistrates Court for $15,000, alleging breach of contract.
John argues that the claim is illiquid as it is based on damages that need to be proved.
Advise the parties on whether the Magistrates Court has jurisdiction to determine this
matter. (10 Marks)
11. Simba seeks an order for the delivery of specific movable property valued at $100 000
in the Magistrates Court. The defendant argues that the court lacks jurisdiction
because the value of the property exceeds the court's monetary limit. Discuss. (10
Marks)
12. Explain, with examples, how the cause of action determines the appropriate
Magistrate Court for a civil claim in Zimbabwe. (10 Marks)
13. What is territorial jurisdiction? (10 Marks)
9.1.2. Issuing and Service of Documents
a. Issuance of court process
b. Services of court process
c. Substituted service.
d. Edictal Citation
Tutorial Questions on Service of Documents by Messenger of Court in Zimbabwe
Question 1: Tinashe files a summons against Patience in the Magistrates Court in Harare. The
court issues the summons, and the Messenger of Court is instructed to serve it. Explain the
process the Messenger of Court must follow to effect proper service of the summons on
Patience. What are the consequences if the Messenger of Court is unable to serve the
summons personally? (20 marks)
Tutorial Question on Service of Documents Outside Zimbabwe
Question 2: Chipo, residing in Zimbabwe, initiates legal proceedings against Tendai, who is
currently living in South Africa. Outline the procedure for serving court documents on Tendai
outside Zimbabwe's jurisdiction. What legal provisions must be satisfied for the Zimbabwean
court to recognize service effected in a foreign country? (20 marks)
Problem Question on Substituted Service
Question 3: Despite several attempts, the Messenger of Court is unable to locate the
defendant, Mike, to serve a summons for a debt claim in Bulawayo. The plaintiff applies for
substituted service. Discuss under what circumstances the court may grant substituted service
and describe the methods that may be authorized. (20 marks)
Problem Question on Edictal Citation
Question 4: A Zimbabwean plaintiff seeks to serve divorce papers on a spouse who has
relocated to an unknown address in the United Kingdom. The parties were married under the
old (05:07) Explain the steps required to obtain an edictal citation from the Zimbabwean
courts and discuss the factors the court will consider before authorizing service by edictal
citation. What is the effect of such service on the proceedings? (20 marks)
9.1.3. Action Procedure
a. Summons commencing action
b. Key requirements for a summons
c. Proper citation of parties
d. Cause of action
e. Particulars of claim
f. Relief Sought
g. Costs of suit
Questions on Action Procedure
1. What is meant by "action procedure" in the context of civil litigation? (10 marks)
2. Outline the main steps involved in initiating an action procedure in Zimbabwean
courts. (10 marks)
3. How does the action procedure differ from application procedure in civil matters? (10
marks)
4. Why is it important to follow the correct action procedure when commencing a
lawsuit? (10 marks)
Questions on Summons
1. What is a summons, and what role does it play in the commencement of legal
proceedings? (10 marks)
2. List and briefly explain the key requirements that must be included in a summons
commencing action. (10 marks)
3. Who is authorized to serve a summons, and what are the accepted methods of service?
(10 marks)
4. What are the consequences if a summons is not properly served on the defendant? (10
marks)
Problem Questions on Validity of Summons and Mandatory Rules
1. Mr. Dube files a summons against Ms. Ncube but omits to state the particulars of
claim. Discuss whether the summons is valid and analyze the mandatory requirements
for a valid summons. (10 marks)
2. A messenger of court serves a summons on the defendant’s minor child at home while
the defendant is away. Assess the validity of this service and reference the mandatory
rules governing proper service. (10 marks)
3. If a summons is issued with the incorrect citation of parties, explain the possible legal
consequences and how the court may deal with such an irregularity. (10 marks)
4. Consider a scenario where the relief sought is not clearly stated in the summons. What
effect does this have on the proceedings, and what mandatory rules apply? (10 marks)
9.1.4. Service of Summons
a. Manner of service
b. When service is effected
c. Who can receive summons validly?
d. Attempted service
e. Substituted Service
Questions on Service of Summons
1. Who can receive summons validly? (10 marks)
2. What is substituted service? (10 marks)
3. What happens when service is attempted but not completed?
4. When is service considered effected?
9.1.5. Notice of appearance to defend.
a. Effect of filing and failure to file a notice of appearance to defend.
b. The timelines to defend.
Questions on Appearance to Defend and Its Requirements
1. What is a notice of appearance to defend, and why is it required in civil proceedings?
(10 marks)
2. Outline the procedural requirements for filing a notice of appearance to defend. What
information must be included? (10 marks)
3. Discuss the legal consequences of failing to file a notice of appearance to defend
within the prescribed time frame. (10 marks)
4. How does the filing of a notice of appearance to defend affect the proceedings of a
lawsuit? (10 marks)
5. Are there any exceptions to the requirement of filing a notice of appearance to
defend? If so, explain with examples. (10 marks)
Problem Question
Jane is served with a summons in a civil suit filed by ABC Ltd. The summons requires her to
file a notice of appearance to defend within seven days. She receives the summons on
10/01/2025 but does not take any action, believing the matter is not serious. After 20 days,
Jane realizes the importance of the document and wishes to participate in the proceedings.
Advise Jane on the following:
The steps she should have taken upon receiving the summons.
The implications of her failure to file the notice of appearance to defend within the
stipulated period.
Whether she can still participate in the proceedings and, if so, what steps she must
take to regularize her position.
(20 marks)