Subject index to caselaw

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" (4) A (290) B (43) C (285) D (207) E (137) F (63) G (33) H (37) I (148) J (47) K (2) L (97) M (86) N (59) O (59) P (225) Q (2) R (162) S (173) T (70) U (48) V (53) W (129) X (1) Y (2) Z (7) “ (9)
"clean hands” – requirement to come to court with "clean hands” – requirement to come to court with "free of deduction”(Contract SALE) "free of deduction”(Contract SALE)

A

A Abolition of office Absent party ABSOLUTION FROM THE INSTANCE
Absolution from the instance – principles Abuse of process Abuse of process Access to information
ACCOMPLICE Accomplice Accomplice See EVIDENCE (Accomplice) Accounts
Accounts Acquisition Acquisition of foreign currency Acquisition of land
Act for payment of salary in lieu of notice ACTIO DE PASTU ACTIO DE PAUPERIE Actio injuriarum
Action (PRACTICE AND PROCEDURE) Action against (POLICE) Action for damages against employer Action for negligence
Action for payment for leave not taken Action for payment of salary ACTIONABLE WRONG Address (PRACTICE AND PROCEDURE)
ADMINISTRATION OF ESTATES Administrative action Administrative authority Administrative Court
Administrative Court (Appeal) Administrative Court (TOWN AND COUNTRY PLANNING) Administrative decisions and acts Administrative functions
Administrative justice Administrative justice (See Constitutional law — Fundamental rights — Administrative justice) ADMINISTRATIVE LAW Admissibility
Admissibility of evidence Admission (LEGAL PRACTITIONER) Admissions Admissions (PRACTICE AND PROCEDURE)
Admissions See CRIMINAL PROCEDURE (Admissions) Adultery assessment of damages ADULTERY See DAMAGES (Adultery) Advance payment guarantee
Advocate’s fees Aerodrome Affidavit (PRACTICE AND PROCEDURE) AFFIDAVIT See PRACTICE AND PROCEDURE (Affidavit)
Affidavits (EVIDENCE) Against costs order of trial court AGENCY Agent
Agreement as to Agreement of reference Agricultural bank Agricultural land
Agricultural land AGRICULTURE Air carrier Aircraft (Offences) Act [Chapter 9:01]
Alcohol (Contempt of court) Allegation of bias (RECUSAL) Alteration of sentence Alteration of will
Ambiguity (INTERPRETATION) Amending legislation (INTERPRETATION) Amicable settlement Amnesty, effect of
ANIMALS Annual leave Anton Piller order Anton Piller order (Application)
Anton Piller order (Application) Appeal APPEAL Appeal (ELECTIONS)
Appeal (EMPLOYMENT) Appeal (HIGH COURT) Appeal - court martial - appeal against decision of Appeal against determination of disciplinary committee under disciplinary code
Appeal against determination of disciplinary committee under disciplinary code Appeal against determination of disciplinary committee under disciplinary code Appeal by Prosecutor-General Appeal by State
Appeal code of conduct Appeal code of conduct Appeal code of conduct Appeal costs
Appeal of sentence Appeal See APPEAL (Criminal matter) Appeal to High Court Appeal to Labour Court
Appeal to Labour Relations Tribunal (ZimLII) Appeal to Supreme Court Appeal to Supreme Court on a question of law Appeal to which court
Appeal – to Administrative Court – what decisions are subject to appeal to Appearance to defend Applicability of action other than in trade relationships (PASSING OFF) Application
Application (INTERDICT) Application (PRACTICE AND PROCEDURE) Application for recusal Application for review
APPLICATION See PRACTICE AND PROCEDURE (Application). Application to substitute party Appointment of Official Receiver Aquilian action
ARBITRATION Arbitration Arbitration agreement Arbitration appeal
Arbitration clause Arbitration clause in contract See ARBITRATION (Arbitration clause) Arbitrator ARREST
Arrest Article destroyed by negligence Articles of association Artificial person
Assault (Sentence) Assault with intent to do grievous bodily harm Assembly Assessment of Damages
Association ASSOCIATIONS Attachment – to found or confirm jurisdiction ATTORNEY AND CLIENT COSTS
Attorney and client costs Attorney-General Attorney-General (Constitutional Law) See also CRIMINAL PROCEDURE Attorney-General (LEGAL PRACTITIONER) See also CRIMINAL PROCEDURE (Attorney-General).
Audi alteram partem Audi alteram partem rule Authority of agent Authority of estate agent
AVIATION Award

a

abuse of process acceleration clause acceptance acceptance
acceptance acceptance access to by non-custodian parent access to by non-custodian parent
access to by non-custodian parent access to international tribunals access to international tribunals access to international tribunals
accused appearing in court after High Court order issued acknowledgment of debt acquisition from foreign investor acquisition from foreign investor
acquisition from foreign investor acquisition from foreign investor acquisition notice issued before coming into effect of constitutional amendment No 17 acquisition notice issued before coming into effect of constitutional amendment No 17
acquisition notice issued before coming into effect of constitutional amendment No 17 acquisition notice issued before coming into effect of constitutional amendment No 17 acquisition of ownership acquisition of ownership
act in defence of third party property (POLICE) act in defence of third party property (POLICE) act in defence of third party property (POLICE) actio iniuriarum
actio de pauperie (Actio injuriarum) actio de pauperie (Actio injuriarum) actio rei vindication actio rei vindication
action against Electoral Commission action against Electoral Commission action brought against surety after judgment taken against principal debtor action brought against surety after judgment taken against principal debtor
action for See DELICT (Actio injuriarum - adultery) action for See DELICT (Actio injuriarum - adultery) action for See DELICT (Actio injuriarum - adultery) address in mitigation
adultery adultery adultery adultery (Actio injuriaru)
adultery (Actio injuriaru) adultery (Family law -CUSTOMARY LAW) adultery (Family law -CUSTOMARY LAW) affidavit in support of application
affidavit in support of application affidavit See PRACTICE AND PROCEDURE (Affidavit) affidavit See PRACTICE AND PROCEDURE (Affidavit) against banking institution placed under curatorship
against banking institution placed under curatorship against order of costs against police officer agency of government
agreement between parties involving a contravention of Exchange Control agreement made at conference agreement made at conference agreement that part of sale price be payable in local currency but calculated in relation to a foreign currency value
agreement that part of sale price be payable in local currency but calculated in relation to a foreign currency value agreement to pay foreign currency for item purchased in Zimbabwe agreement understating purchase price so as to avoid capital gains tax and allocation of land appropriated from original owner for resettlement
allocation of land appropriated from original owner for resettlement allocation of land appropriated from original owner for resettlement allocation of land appropriated from original owner for resettlement allocation of lease over land
allocation of lease over land allocation of lease over land allocation of lease over land alteration of bail
alteration of verdict ambiguities amendment of amendment of charge
amendment of pleadings amendment of pleadings amount amount
amount amount ancillary issue not specifically before court ancillary issue not specifically before court
answering affidavit answering affidavit appeal appeal against default judgment
appeal against default judgment appeal from magistrates court appeal to High Court appeal to SADC Tribunal
appellant absenting himself application (Set-down) application (Set-down) application by Attorney-General for leave to appeal against sentence
application for bail application for condonation application for condonation application for discovery
application for discovery application for dismissal of action application for dismissal of action application for extension of time within which to appeal
application for order that State employee be held in contempt of court application for order that State employee be held in contempt of court application for rescission of judgment application for rescission of judgment
application for review application for review application for review application for review
application for spoliation order application for spoliation order application for stay of execution pending appeal to the Supreme Court application for stay of execution pending appeal to the Supreme Court
application for summary judgment application for summary judgment application made either ex parte or at very short notice application made either ex parte or at very short notice
application made in respect of ancillary matter application made in respect of ancillary matter application proceedings (Pleadings) application proceedings (Pleadings)
application to Administrative Court to confirm acquisition application to Administrative Court to confirm acquisition application to Administrative Court to confirm acquisition application to Administrative Court to confirm acquisition
appointment appointment appointment of appointment of chiefs by President
appointment of chiefs by President appointment of members of board by relevant Minister approach to be followed in magistrates courts approach to be followed in magistrates courts
assessment of income tax assessment of income tax assessment of loss assessment of loss
assessment of loss assessment of loss attestation attestation
audi alteram partem rule authorization of deponent authorization of deponent award

B

B Back-dating of prison sentence to date of convicted person’s arrest BAIL Bail
Bail pending trial BANKING Bar (PRACTICE AND PROCEDURE) Being found in possession of goods in regard to which there is a reasonable suspicion that they were stolen
Beneficiary of will Bill of costs BILLS OF EXCHANGE AND NEGOTIABLE INSTRUMENTS BIRTHS AND DEATHS See also FAMILY LAW (Child birth registration)
Boundaries of state Breach Breach of confidence by servant Breach of warranty against eviction (SALE)
Bribery (Sentence) Broadcasting BUILDING AND CONSTRUCTION Building contract
Building erected in violation of building by-laws Building permit By birth

b

banker's negligence based on judgment in personam (Res judicata) based on judgment in personam (Res judicata) bias
bigamous marriage, effects of (Family law -CUSTOMARY LAW) bigamous marriage, effects of (Family law -CUSTOMARY LAW) binding nature of treaties binding nature of treaties
binding nature of treaties breach by one party of duty of good faith (PARTNERSHIP) breach by one party of duty of good faith (PARTNERSHIP) breach by one party of duty of good faith (PARTNERSHIP)
breach by one party of obligations breach of contract buyer having no right to transfer of land buyer having no right to transfer of land
buyer having no right to transfer of land buyer having no right to transfer of land by consent (Judgment) by consent (Judgment)

C

C Cancellation Candidate (ELECTIONS) Canvassing agent
Capacity to make will Carriage of goods Carriage of goods See CARRIER CARRIER
Casual remark Causation (DELICT) Caveat subscriptor Certificate of occupation
Cession Cession Change of domicile CHARACTER See EVIDENCE (Character)
Charge Cheques CHIEF JUSTICE Chieftainship
Child (FAMILY LAW) CHILD See FAMILY LAW (Child) Children Children’s court
Children’s court Children’s court See COURT (Children’s court). CHURCH Circumstantial (EVIDENCE)
Citizenship CITIZENSHIP See also CONSTITUTIONAL LAW (Citizenship) Civil and criminal review Civil Aviation Authority
Civil matter (Appeal) Civil matter (EVIDENCE) Civil matter review CIVIL PROCEDURE See PRACTICE AND PROCEDURE
CIVIL SERVICE See PUBLIC SERVICE Claim (PRACTICE AND PROCEDURE) Claim against deceased estate Claim for compensation
Claim for interest Class action CLOSE CORPORATION CLUB See above, under ASSOCIATION (Club)
Clubs Clubs and voluntary associations Code of conduct Collateral management contract
Collective bargaining Collective job action Commercial credit Commercial Premises (Rent) Regulations 1983
Commission Commission (PRACTICE AND PROCEDURE) Commissioner of Taxes Commissioner-General of Zambia Revenue Authority
Commodatum (loan for use) Common carrier Common law (Constitutional law) Common law (INTERPRETATION)
Community service (Sentence) Companies Act COMPANY Compensation
Compensation (TORT) Compensation order Competition Completion
Compliance with court orders Composition of Supreme Court COMPROMISE Compromise
Compromise or arrangement COMPUTERS & INFORMATION TECHNOLOGY Concealment of Birth Act [Chapter 9:04] Condition
Conditional(SALE) Conditions of employment Condonation Condonation (PRACTICE AND PROCEDURE)
Condonation (Review) Conduct and ethics (LEGAL PRACTITIONER) Confession (EVIDENCE) Confidential information
CONFLICT OF LAWS Conscience/religion Consensus Constituencies and wards
Constitution Constitution of Namibia Constitution of Tanzania Constitution of Uganda
Constitution of Zambia 2016 Constitution of Zimbabwe 1980 Constitution of Zimbabwe 2013 Constitutional appeal
CONSTITUTIONAL LAW Constitutional litigation Constitutional matter CONSTITUTIONAL PRACTICE
Constitutional supremacy Consumer contract Contempt of court CONTEMPT OF COURT
Contempt of court (Sentence) Contempt of court See COURT (Cintempt) Contempt of court See COURT (Contempt) Continuing violation
CONTRACT Contract arbitration clause in contract Contract (Compromise) Contract (EMPLOYMENT)
Contract (HIRE PURCHASE) Contract (INSURANCE) Contract (SALE) Contracts with
Contractual Penalties Act [Chapter 8:04] Contractual See CONTRACT (Breach - damages). Contribution towards Control of Goods (Price Control) Regulations, 2001 (Sentence)
Control of media Conversion (TORT) CONVEYANCER Conviction
COPYRIGHT Copyright Copyright and Neighbouring Rights Act [Chapter 26:05] Corporal punishment (Sentence)
Corporate veil Corporation's property not State property Correction (Sentence) Corruption
COSTS Costs (Contract) Costs (HR) Costs (TORT)
Costs incurred before commencement of proceedings Costs of Appeal Councillors (LOCAL GOVERNMENT) Counsel
Counsel’s fees Counterclaim COURT Court jurisdiction
Court Martial Appeal court Court martial See MILITARY LAW Court proceeding in absence of a party Courts (Constitutional practice)
Courts powers on appeal Credibility (EVIDENCE) Creditor’s lien Crimes of dishonesty unaccompanied by violence (Sentence; Code)
Crimes of dishonesty unaccompanied by violence (Sentence; common law) Criminal accused on bail Criminal defamation CRIMINAL LAW (Common Law Crime)
CRIMINAL LAW (Defences) CRIMINAL LAW (General Principles) CRIMINAL LAW (Other Offences Under Criminal Law Code) Criminal Law Amendment Act [Chapter 9:05]
CRIMINAL LAW STATUTORY OFFENCES (Other than offences under Criminal Law Code) Criminal matter (Appeal) Criminal matter (EVIDENCE) Criminal matter See CRIMINAL PROCEDURE (Review)
CRIMINAL PROCEDURE CRIMINAL PROCEDURE (SENTENCE) Common Law Offences CRIMINAL PROCEDURE (SENTENCE) General Principles CRIMINAL PROCEDURE (SENTENCE) Offences Under Criminal Law Code
CRIMINAL PROCEDURE (SENTENCE) Statutory offences Cross appeal Cross-examination Cruel, inhuman or degrading treatment
Culpable homicide Culpable homicide (Sentence) Cultural life Curatorship
CUSTODY See FAMILY LAW (Child - custody) CUSTOMARY LAW Customary law See CUSTOMARY LAW (Family law). Customary law tort
Customers account with bank CUSTOMS AND EXCISE Customs and Excise Act [Chapter 23:02] Customs duty

c

cancellation cause of action cause of action cause of action must be set out in founding affidavit
cause of action must be set out in founding affidavit certificate of urgency certificate of urgency challenge to impartiality of
chamber application chamber application charging a company child abduction
child abduction child abduction child removed from jurisdiction by one parent child removed from jurisdiction by one parent
child removed from jurisdiction by one parent citation of parties citation of parties claim expressed in foreign currency (Judgment)
claim expressed in foreign currency (Judgment) claim for eviction (Summary judgment) claim for eviction (Summary judgment) claim in reconvention by defendant in main action
claim in reconvention by defendant in main action claim that money paid in error claims made on behalf of estate class action may only be brought in High Court
class action may only be brought in High Court class action See PRACTICE AND PROCEDURE (Class action) class action See PRACTICE AND PROCEDURE (Class action) clause contrary to public policy
code of conduct provision that decision of designated authority shall be final effect appeal allowed on technical grounds, code of conduct in effect for employees code of conduct in effect for employees code of conduct in effect for employees
collection of cheques commercial lease commercial sale agreement committal for prison for
company (Parties) company (Parties) completion of trial concept of trade mark similarity
concept of trade mark similarity concept of trade mark similarity concession concession by AG
condition precedent conditions of suspended sentence conditions on which bail granted condonation of non-observance of any time limit
condonation of non-observance of any time limit conduct of interpreter in criminal trial conduct of magistrate in criminal trial confession in trial
consideration to applicable customary principles of succession consideration to applicable customary principles of succession constitutionality of delict constructive contempt
contempt ex facie curiae contempt in facie curiae contempt proceedings contempt purged
contempt purged contempt purged contempt purged contents of pleadings
contents of pleadings contra preferentem rule contract illegal for want of compliance with statutory formalities contract made in breach of statutory prohibition
contract of employment contract of sale contract providing that loan be repaid in foreign currency contract sounding in foreign currency
contract with company contravention of Estate Agents Act [Chapter 27:05] correction of judgment correction of judgment
correction of verdict counsel acting pro amico court application court application
court should lean in favour of case continuing court should lean in favour of case continuing court's jurisdiction to protect itself from abuse court's jurisdiction to protect itself from abuse
court’s powers of review court’s powers of review court’s wide powers in civil appeal (Supreme Court) currency in which judgment may be expressed
currency in which judgment may be expressed current account custody of child custody of child
custody of child customary law entitlement customary law entitlement customary marriage followed by civil marriage
customary marriage followed by civil marriage

D

D DAMAGES Damages (DEFAMATION) Damages (Defamation, TORT)
Damages (Defamation, TORT) Damages (Defamation, TORT) Damages (DELICT)See DAMAGES (Delictual). Damages (PRACTICE AND PROCEDURE)
Damages (TORT) Dangerous Drugs Act [Chapter 15:02] Date from which interest runs De bonis propriis
Death (DAMAGES) Deaths Debtor Deceased estate
DECEASED ESTATE See ADMINISTRATION OF ESTATES. Decision of court a quo reasons for Decisions of functionary Declaration of bankruptcy order
Declaration of Rights Declaratory order DEFAMATION Defamation (DELICT)See DEFAMATION.
Defamation (TORT) Defamation See DEFAMATION (Damages). Defamation See DELICT (Defamation - interdict). Defamatory nature of words used
Defamatory statement Defamatory statement Defamatory statement Default judgment
DEFAULT JUDGMENT See PRACTICE AND PROCEDURE (Default judgment) Defence of qualified privilege (Defamation, TORT) Defence of qualified privilege (Defamation, TORT) Defence of qualified privilege (Defamation, TORT)
Defence of sudden emergency Defence outline Defences Defences for defamation
Degrees of participation Delay in instituting proceedings Delegated legislation Delegation of powers
DELICT DELICT See also DAMAGES; NEGLIGENCE Delictual (DAMAGES) Demeanour See EVIDENCE (Credibility - demeanour)
Democracy Depositum DEPOSITUM See CONTRACT (Depositum) Deprivation of
Deputy Sheriff Deputy Sheriff’s entitlement to commission Deputy Sheriff’s entitlement to commission Deregistration
Derogation Development (TOWN AND COUNTRY PLANNING) Dignity Diminished responsibility
Directions – application for Director DIRECTOR See COMPANY (Director) Directors of Close corporation
Disablement pension Discharge at close of State case Disciplinary proceedings Disciplinary proceedings (PUBLIC SERVICE)
Discipline (POLICE) Discipline of stockbrokers Discovery Discovery of documents
Discretion exercise of prison authorities discretion to grant remission of sentence discretion must be Dismissal Dismissal on notice Dispositions without value
Dispute Dispute of facts (PRACTICE AND PROCEDURE) Dissolution of partnership Divorce (Appeal)
DIVORCE See FAMILY LAW (Husband and wife - divorce) Doctrine of 'clean hands' Document (EVIDENCE) Documents (PRACTICE AND PROCEDURE)
Domestic remedies (Review) Domicile DOMICILE Domicile (IMMIGRATION)
Domicile of choice Domicile of origin and domicile of choice (distinction) DONATION Donation see DONATION
Double sale Drugs and Allied Substances Control Act [Chapter 320 of 1974] (Sentence) Duress Duties (POLICE)
Duty (CUSTOMS AND EXCISE) Duty and value-added tax Duty of banker to customer Duty of care (BANKING)
Duty of care (NEGLIGENCE) DUTY See CUSTOMS AND EXCISE (Duty)

d

damages for breach of contract damages See DAMAGES (Adultery) damages See DAMAGES (Adultery) damages See DAMAGES (Adultery)
deceased estate (Parties) deceased estate (Parties) decision adverse to applicant) decision of High Court on bail
decision of statutory authority declaration – delictual action (Pleadings) declaration – delictual action (Pleadings) declaratory order
declaratory order declaratory order (Supreme Court Powers of) declaratory order See PRACTICE AND PROCEDURE (Declaratory order). declaratory order See PRACTICE AND PROCEDURE (Declaratory order).
defamation (Actio injuriarum) defamation (Actio injuriarum) default See PRACTICE AND PROCEDURE (Default judgment) default See PRACTICE AND PROCEDURE (Default judgment)
defects in defence of superior orders defence of superior orders defence of superior orders
defence of superior orders defence to summary judgment defence to summary judgment defendant raising triable issue (Summary judgment)
defendant raising triable issue (Summary judgment) delegation of functions delivery of to other party delivery of to other party
deposit with Registrar of estimated cost determination of issues raised (Judgment) determination of issues raised (Judgment) different respondents having conflicting interests
different respondents having conflicting interests directions See PRACTICE AND PROCEDURE (Directions). directions See PRACTICE AND PROCEDURE (Directions). disciplinary proceedings against employee
disciplinary proceedings against employee disciplinary proceedings against employee disclaimer clause discretionary nature of
dishonest conduct and behaviour by applicant dismissal dismissal from force dismissal from force
dismissal from force dismissal of application dismissal of application dismissal of charge
dismissal of – application for dismissal of – application for dispute as to Nature of Contract dispute as to paternity
dispute as to paternity dispute as to paternity dispute of fact (Application) dispute of fact (Application)
distinction from application distinction from application distinction from exception distinction from exception
distribution of matrimonial estate (CUSTOMARY LAW) distribution of matrimonial estate (CUSTOMARY LAW) division of property following dissolution of partnership division of property following dissolution of partnership
division of property following dissolution of partnership division of property following divorce (Family law -CUSTOMARY LAW) division of property following divorce (Family law -CUSTOMARY LAW) divorce (Family law -CUSTOMARY LAW)
divorce (Family law -CUSTOMARY LAW) divorce (Husband and wife FAMILY LAW) divorce (Husband and wife FAMILY LAW) divorce (Husband and wife FAMILY LAW)
divorce case (Jurisdiction) divorce case (Jurisdiction) doctrine of restricted immunity doctrine of restricted immunity
doctrine of restricted immunity documents in possession of third party (Discovery) documents in possession of third party (Discovery) domestic remedies
domestic remedies not exhausted (Application) domestic remedies not exhausted (Application) domicile of choice requirements domicile of choice requirements
domicile of choice requirements dominus liti donation between spouses donation between spouses
donation between spouses donation from one spouse to another (when proper) donation from one spouse to another (when proper) donation from one spouse to another (when proper)
duties of duties of agents towards principal duties of judicial officer duties of magistrate in criminal trial
duty to disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or independence duty to obey order and seek redress afterwards duty to obey order and seek redress afterwards duty to obey order and seek redress afterwards
duty to obey order and seek redress afterwards

E

E Economic duress Education EDUCATION
Education Act [Chapter 25:04 EJECTMENT See LANDLORD AND TENANT Election petition Election petition time limits
ELECTIONS Elections (LOCAL GOVERNMENT) Elections See below, under ELECTIONS. Electoral Act [Chapter 2:01]
Electoral Court jurisdiction Electoral Supervisory Commission Electoral Supervisory Commission See below, under ELECTIONS (Electoral Supervisory Commission). Employee
Employee Employee (LOCAL GOVERNMENT) Employer EMPLOYMENT
Employment dispute Employment See EMPLOYMENT (Contract) Enforceability Enforcement of rights
ENRICHMENT Environment Equal protection of the law Equality before the law
Equality, non-discrimination Estate ESTATE AGENT Estate agent
ESTOPPEL Estoppel (CONTRACT) Eviction proceedings Evidence
Evidence Evidence EVIDENCE Evidence on appeal
EX PARTE APPLICATION See PRACTICE AND PROCEDURE (Application - ex parte) Ex turpi causa non oritur actio Exception (PRACTICE AND PROCEDURE) EXCEPTION See PRACTICE AND PROCEDURE (Exception)
EXCHANGE CONTROL Exchange Control Regulations 1996 (SI 109 of 1996) Exchange rate Excommunication of priests
Execution Execution (PRACTICE AND PROCEDURE) EXECUTION See PRACTICE AND PROCEDURE (Execution) Executive authority
Executive powers Executor EXECUTOR See ADMINISTRATION OF ESTATES (Executor) Exemption clauses
Exhaustion of internal remedies Expenditure (REVENUE AND PUBLIC FINANCE) Expressio unius est exclusio alterius Expression/information
EXPROPRIATION Expulsion Extension of time within which to note appeal Extinctive prescription
Extortion (Sentence) Extradition EXTRADITION See CRIMINAL PROCEDURE (Extradition)

e

effect effect effect effect - rights of father of child of customary law marriage
effect - rights of father of child of customary law marriage effect of failure to file heads of argument timeously effect of failure to file heads of argument timeously effect of registration of ownership
effect of registration of ownership effect of registration of ownership effect of registration of ownership effect on domestic law of international human rights instruments
effect on domestic law of international human rights instruments effect on domestic law of international human rights instruments election by innocent party to terminate or abide by contract election See below, under ELECTIONS.
employer’s liability (DELICT) employer’s liability (DELICT) employer’s liability (DELICT) enforce law and protect constitutional right to protection of the law (POLICE)
enforce law and protect constitutional right to protection of the law (POLICE) enforce law and protect constitutional right to protection of the law (POLICE) enforcement enforcement of judgment
enforcement of judgment entitlement to share of matrimonial (CUSTOMARY LAW) entitlement to share of matrimonial (CUSTOMARY LAW) essential requirements (Formation of contract)
essentials not necessarily conclusive to existence of a partnership essentials not necessarily conclusive to existence of a partnership essentials not necessarily conclusive to existence of a partnership essentials of Aquilian action
essentials of Aquilian action essentials of Aquilian action essentials of res judicata essentials of res judicata
estate agent See ESTATE AGENT eviction order eviction order evidence
evidence which may be led by plaintiff (Summary judgment) evidence which may be led by plaintiff (Summary judgment) ex parte application ex parte application
ex turpi causa non oritur actio exceptio non causa debiti, exceptio non numeratae pecuniae and exception errore calculi exceptio non causa debiti, exceptio non numeratae pecuniae and exception errore calculi exceptional measure for cases involving neglect or impropriety
exceptional measure for cases involving neglect or impropriety exceptional measure for cases involving neglect or impropriety exceptional measure for cases involving neglect or impropriety exceptions, provisos and exemptions (charge)
execution following default judgment execution following default judgment executive powers of exercise of discretionary power by lower court
exercise of servitude exercise of servitude expungement of trade mark expungement of trade mark
expungement of trade mark extent of act violating dignity (Actio injuriarum) extent of act violating dignity (Actio injuriarum) extent of act violating dignity (Actio injuriarum)
extent of invasion of privacy (Actio injuriarum) extent of invasion of privacy (Actio injuriarum) extent of invasion of privacy (Actio injuriarum) extent to which parties are bound by pleadings
extent to which parties are bound by pleadings extenuating circumstances in murder sentencing

F

F Factors affecting (Sentence) Fair administrative justice Fair hearing
Fair trial Family Family arrangement (SUCCESSION) FAMILY LAW
Family law (CUSTOMARY LAW) Filing of voluminous and unnecessary documents in a court application Final interdict Finance charges
Fine (Sentence) Firearms Act [Chapter 10:09] Food Force – use of to preserve law and order
Forced labour Foreign judgment Foreign law (EVIDENCE) FOREIGN LAW See EVIDENCE (Foreign law)
Foreign liquidation Forfeiture of goods (CUSTOMS AND EXCISE) Forfeiture to State Formalities of will
Formation Formation of partnership Forms of punishment (Sentence) Fraud
Frivolous and vexatious See PRACTICE AND PROCEDURE (Abuse of process). Frustration Functus officio Fundamental rights
Further evidence (Appeal)

f

failure by person exercising public authority to exercise powers failure to file plea failure to file plea failure to obey court order
fairness in criminal trial filing filing finality of judgment
finality of judgment fixed term contract for use CONTRACT (Commodatum) foreign award
foreign judgment foreign judgment form of award formalities required in customary law marriage
formalities required in customary law marriage founding affidavit founding affidavit founding affidavit (Process)
founding affidavit (Process) founding affidavit (Summary judgment) founding affidavit (Summary judgment) frivolous and vexatious
frivolous and vexatious fugitive from justice fugitive from justice (Parties) fugitive from justice (Parties)
further discovery further discovery

G

G Garnishee proceedings General principles General principles and procedures
Generally Golden Rule (INTERPRETATION) Good faith (Partnership) Goodwill (PASSING OFF)
Government Government employees Government of Grant of interdict
Grounds (Appeal) Guarantee Guarantee (CONTRACT) GUARDIANSHIP See FAMILY LAW (Child - guardianship)

g

general and special damages general and special damages general and special damages general and special damages
general behaviour of litigants throughout the litigation completely unjustified good faith and full disclosure of all material facts (Urgent Application) good faith and full disclosure of all material facts (Urgent Application) grant of bail
gross income (Income tax) gross income (Income tax) grounds bias on part of judicial officer what must be shown critical comments and adverse decision not grounds for
grounds for refusal of bail guardianship guardianship guardianship
guilty

H

H Headmen Heads of argument Health
Health Professions Council Health Professions Council Hearsay - civil case HEIR See ADMINISTRATION OF ESTATES, SUCCESSION and WILL
HIGH COURT High Court See HIGH COURT High treason HIRE PURCHASE
Hire-Purchase Act [Chapter 14:09] HIV/AIDS, rights affected by HOUSE BREAKING See CRIMINAL LAW Common Law Offences (Housebreaking) House forming part of matrimonial estate but registered in sole name of husband
Housebreaking Housebreaking and theft (Sentence) HUMAN RIGHTS Husband and wife (DONATION)
Husband and wife (FAMILY LAW) HUSBAND AND WIFE See FAMILY LAW (Husband and wife).

h

holder of offer letter in respect of land holder of offer letter in respect of land holder of offer letter in respect of land holder of offer letter in respect of land
human rights treaty human rights treaty human rights treaty husband and wife (CUSTOMARY LAW)
husband and wife (CUSTOMARY LAW) husband and wife (Family law -CUSTOMARY LAW) husband and wife (Family law -CUSTOMARY LAW) husband marrying a second wife under civil law while first marriage subsisted
husband marrying a second wife under civil law while first marriage subsisted husband marrying a second wife under civil law while first marriage subsisted husband marrying a second wife under civil law while first marriage subsisted

I

I Identity (EVIDENCE) Illegal contract Illegality
ILLEGALITY See CONTRACT (Enforceability) and CONTRACT (Illegality) IMMIGRATION Immigration Act [Chapter 4:02] Immigration Act [Chapter 4:02]
IMMOVABLE PROPERTY Immovable property (SALE) Immovable property See IMMOVABLE PROPERTY Implied agency
Impossibility IMPOSSIBILITY See CONTRACT (Impossibility) Imprisonment (Sentence) IMPRISONMENT See CRIMINAL PROCEDURE (SENTENCE) General Principles
In facie curiae In pari delicto mellor est conditio possidentis Logan v Sibiya 2002 (1) 531 (H) In what cases (Appeal) Incest (Sentence)
Income tax INCOME TAX See REVENUE AND PUBLIC FINANCE (Income Tax) Indecent assault Indecent assault (Sentence)
Indictment for trial Indictment See CRIMINAL PROCEDURE (Charge) Indigenous peoples Industrial and Labour Relations Act of Zambia
INDUSTRIAL LAW See EMPLOYMENT Industrial Relations Court Infanticide (Sentence; Statutory) Infanticide Act [Chapter 9:12]
Information stored on computer INFORMATION TECHNOLOGY See COMPUTERS AND INFORMATION TECHNOLOGY Insanity defence Insanity See CRIMINAL PROCEDURE (Verdict – special verdict)
INSOLVENCY INSTALMENT SALE See SALE (Immovable property - instalment sale) Instalment sale See SALE (Immovable property – instalment sale) INSURANCE
Insurance agent Insurance broker Insurance broker - registration INTELLECTUAL PROPERTY
Inter-state complaints INTERDICT Interdict (DEFAMATION) Interdict See INTERDICT.
INTEREST Interest (REVENUE AND PUBLIC FINANCE) Interest in agricultural land Interference with contractual relations (TORT)
Interim/Provisional measures Interlocutory decision of administrative Interlocutory order INTERLOCUTORY ORDER See APPEAL (Interlocutory order)
International human rights instruments signed International humanitarian law International instruments International law
INTERNATIONAL LAW International tribunals Interpleader proceedings Interpleader proceedings
Interpretation Interpretation of Constitution Interpretation of Contract INTERPRETATION OF STATUTES
Interpretation of will Interpretation See INTERPRETATION OF STATUTES Interruption of prescription Intestate succession
Intestate succession See also SUCCESSION Irregularities Irregularity

i

illegal contract immovable property (Double sale) immovable property (Double sale) impartiality of a judicial officer
impartiality of a judicial officer impartiality of a judicial officer impartiality of a judicial officer implied (Formation of contract)
impossibility when extinguishes obligations under contract imprisonment for imprisonment for imprisonment for
imprisonment for improvements effected by improvements effected by in duplum rule
in duplum rule in duplum rule in pari delicto rule income (Income tax)
income (Income tax) income tax for non-residents income tax for non-residents incorporation of treaties into domestic law
incorporation of treaties into domestic law incorporation of treaties into domestic law infanticide See CRIMINAL PROCEDURE (SENTENCE) (Statutory offences – infanticide) information in possession of third party regarding wrongdoing (Discovery)
information in possession of third party regarding wrongdoing (Discovery) infringement of registered trade mark infringement of registered trade mark infringement of registered trade mark
infringement of trade mark infringement of trade mark infringement of trade mark inherent jurisdiction to control its judgment (Jurisdiction of the Supreme Court)
inherent jurisdiction to control its judgment (Jurisdiction of the Supreme Court) inherent jurisdiction to control processes and protect itself from abuse (Supreme Court) inherent jurisdiction to control processes and protect itself from abuse (Supreme Court) injuries sustained in course of employment
injuries sustained in course of employment injuries sustained in course of employment inspection of by parties instalment sale
instalment sale (Immovable property (SALE)) instalment sale (Immovable property (SALE)) insurance claim integration rule
integration rule integration rule integration rule intention of parties
interdict See INTERDICT interdict See INTERDICT interdict sought as provisional relief (Urgent Application) interdict sought as provisional relief (Urgent Application)
interest (Income tax) interest (Income tax) interest to employer (what must be shown) interest to employer (what must be shown)
interest to employer (what must be shown) interference by court with administrative actions or decisions interference with interlocutory order
interlocutory order international organisation granted immunity under Privileges and Immunities Act [Chapter 3:03 international organisation granted immunity under Privileges and Immunities Act [Chapter 3:03 international organisation granted immunity under Privileges and Immunities Act [Chapter 3:03
interpretation of contract for sale interpretation of contract for sale irregularity of trial issue estoppel (Res judicata)
issue estoppel (Res judicata)

J

J Joinder of parties JOINDER OF PARTIES See PRACTICE AND PROCEDURE (Joinder) Judge (HIGH COURT)
JUDGE See HIGH COURT (Judge) Judges and Judiciary Judgment (PRACTICE AND PROCEDURE) Judgment by consent
JUDGMENT See CRIMINAL PROCEDURE (Trial - judgment) and PRACTICE AND PROCEDURE (Judgment) Judicial management Judicial officer Judicial review
Judicial sale of deceaseds property Jurisdiction Jurisdiction (Constitutional Law) Jurisdiction (COURT)
Jurisdiction (CRIMINAL PROCEDURE) Jurisdiction (HIGH COURT) Jurisdiction (PRACTICE AND PROCEDURE) Jurisdiction of Magistrates Court
Jurisdiction of Supreme Court JURISDICTION See COURT (Jurisdiction) JURISPRUDENCE Justiciability
Juvenile court See also COURT (Children’s court) Juvenile court See COURT (Juvenile court). Juvenile offender

j

joinder by order of court joinder by order of court joinder of See PRACTICE AND PROCEDURE (Joinder of parties). joinder of See PRACTICE AND PROCEDURE (Joinder of parties).
joint custody joint custody joint custody joint executors
judge of the High Court (Parties) judge of the High Court (Parties) judgment debt arising out of principal debtor’s failure to pay debt judgment debt arising out of principal debtor’s failure to pay debt
judgment expressed in foreign currency judgment expressed in foreign currency judgment in trial jurisdiction of the High Court in labour matters
justus error on part of party to contract juvenile court juvenile court juvenile court

K

K Kelsenian theory of efficacy

L

L Labour Act [Chapter 28:01] Labour cases Labour Court See also EMPLOYMENT (Labour Relations Tribunal).
Labour Court See EMPLOYMENT (Labour Court) 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) LAND Land
Land See LAND. LANDLORD AND TENANT Lapsed appeal Lapsing of
Law and Order (Maintenance) Act [Chapter 11:07] Lawful dismissal Lay litigant Lease
Leave to appeal Legal personality LEGAL PRACTITIONER Legal practitioner and client scale
Legal practitioner See LEGAL PRACTITIONER Legal representation Legality Legislation
Legislative function Legitimate expectation Lessee See LANDLORD AND TENANT (Tenant) Levy on employers
Liability (DELICT) Liability for interest Liability for negligence Libel (Defamation, TORT)
Libel (Defamation, TORT) Libel (Defamation, TORT) Libel (Defamation, TORT) LIEN
Lien See LIEN. Life Limitation of actions Limitations of rights
Liquidation Lis pendens Litigation – Zambia Stock Exchange Loan
LOAN See CONTRACT (Loan). LOCAL GOVERNMENT Local government election Local government election
Locus standi Locus standi Locus standi Locus standi (Close corporation)
LOCUS STANDI See PRACTICE AND PROCEDURE (Locus standi) Loss of lien

l

lack of bona fides and deplorable conduct lack of consent lack of consent (Validity, SALE) lack of consent (Validity, SALE)
land sold by instalments land sold by instalments land sold by instalments land sold by instalments
late appearance of entry to defend default judgment late appearance of entry to defend default judgment late noting of late noting of application
late noting of application legal action on behalf of company legal practitioner legal representation in trial
legitimacy of child in customary law legitimacy of child in customary law legitimacyof child born during subsistence of customary law marriage - legitimacyof child born during subsistence of customary law marriage -
legitimacyof child born during subsistence of customary law marriage - legitimate expectation lengthy delay between conviction and hearing of appeal liability (Aquilian action)
liability (Aquilian action) liability (Aquilian action) liability for breach of contract liability for companys debts
limited grounds on which court may interfere with such decision limited powers of appeal court to interfere with decision limits on Minister's discretion as to who may be appointed liquidated demand (Default judgment)
liquidated demand (Default judgment) lis alibi pendens lis alibi pendens lis pendens See PRACTICE AND PROCEDURE (Lis pendens)
lis pendens See PRACTICE AND PROCEDURE (Lis pendens) locus standi See PRACTICE AND PROCEDURE (Locus standi) locus standi See PRACTICE AND PROCEDURE (Locus standi)

M

M Magistracy Magistrate MAGISTRATES COURT
Magistrates court See MAGISTRATES COURT Maintenance Making of payment outside the country Malicious injury to property
Malicious prosecution (TORT) Management MANDAMENT VAN SPOLIE See SPOLIATION Mandatory minimum sentence
Marriage MARRIAGE See CUSTOMARY LAW (Marriage) and FAMILY LAW (Husband and wife - marriage) Master MASTER AND SERVANT See EMPLOYMENT
Master of the High Court Master plan (TOWN AND COUNTRY PLANNING) Matrimonial matter (PRACTICE AND PROCEDURE) Matters exclusively ecumenical or ecclesiastical in nature
Matters which court may take into account (Sentence) MAXIMS Meaning of words MEDIA
Medical evidence Medical practitioner Medical testing of employees MEDICINE
Meetings Members of Close corporation Mental disorder MENTAL DISORDERS See CRIMINAL LAW Defences (Insanity) and CRIMINAL PROCEDURE (Verdict - special verdict)
Merger or amalgamation Merits of case MILITARY LAW MINES AND MINERALS
Ministry of Health (Parties) Ministry of Health (Parties) Miscellaneous Offences Act [Chapter 9:15] Misconduct
MISJOINDER See PRACTICE AND PROCEDURE (Joinder) Misrepresentation Mission by Commission Mistake
MISTAKE See CONTRACT (Mistake) MORTGAGE Mortgage bond over residential property Mortgage See MORTGAGE
Motoring case Motoring offence Movement Multiple counts (Sentence)
Multiple parties Murder Murder (Sentence) MURDER See CRIMINAL LAW (Murder)

m

management share option scheme (Income tax) management share option scheme (Income tax) mandamus mandamus
matrimonial case matrimonial case matrimonial property rights matrimonial property rights
matter capable of resolution by either general law or customary law matter capable of resolution by either general law or customary law matter pending in Labour Relations Tribunal matter pending in Labour Relations Tribunal
maxim ut res magis valet quam pereat may be ordered for failure to advise clients correctl may be ordered for failure to advise clients correctl may be ordered for failure to advise clients correctl
may be ordered for failure to advise clients correctl meaning of impossibility meaning of interest ito Income Tax Act meaning of interest ito Income Tax Act
meaning of “services” mental capacity of contracting party (Formation of contract) messenger of court and sheriff misconduct of employee
misconduct of employee misconduct of employee mistake mistake See CONTRACT (Mistake)
mistake See CONTRACT (Mistake) mitigation (Breach of contract)

N

N Name of Close corporation NATIONALITY See CONSTITUTIONAL LAW (Citizenship) Natural justice
Naturalisation Nature of contract Nature of Trust Negligence
NEGLIGENCE Negligence (TORT) Negligence - liability - medical Negotiable instruments
NEGOTIABLE INSTRUMENTS New ground on appeal Nomination Non-disclosure
Non-pathological criminal capacity Notice of Notice of agency Notice of election
Notice to defend Novation NOVATION See CONTRACT (Novation) Novel point raised on appeal
Nuisance (TORT)

n

name of child born out of wedlock name of child born out of wedlock name of child born out of wedlock nature of contract of option
nature of order nature of order nature of protection granted by copyright nature of protection granted by copyright
nature of protection granted by copyright need for impossibility to be absolute need to show that business was being carried out for joint benefit of both partners need to show that business was being carried out for joint benefit of both partners
need to show that business was being carried out for joint benefit of both partners need to show that person knew of court order need to show that person knew of court order need to show that person knew of court order
need to show that person knew of court order no agreement between parties that it should apply no agreement between parties that it should apply non-joinder
non-joinder non-suiting of parties non-suiting of parties not a decision on the merits (Default judgment)
not a decision on the merits (Default judgment) not an organ of the State notice of notice of (Set-down)
notice of (Set-down) notice of acquisition of land notice of acquisition of land notice of acquisition of land
notice of acquisition of land novation

O

O Occupational safety Occupier OCCUPIER See PROPERTY AND REAL RIGHTS (Occupier)
Offences under exchange control legislation relating to foreign currency Offer and acceptance OFFER See CONTRACT (Offer) Officer (COURT)
Officer of Official Secrets Act [Chapter 11:09] Onus of proof Option
Option (SALE) Option (SALE) Option (SALE) OPTION See SALE (Option)
Oral agreement Order (PRACTICE AND PROCEDURE) Order (SPOLIATION) Order of costs
Overdraft Overdraft facilities Ownership Ownership
OWNERSHIP See PROPERTY AND REAL RIGHTS (Ownership)

o

objectives of partnership objectives of partnership objectives of partnership observance of rules of
occupation by former owner of farm or any part thereof occupation by former owner of farm or any part thereof occupation by former owner of farm or any part thereof occupation by former owner of farm or any part thereof
offer offer (Formation of contract) offer letters (Acquisition of land) offer letters (Acquisition of land)
offer letters (Acquisition of land) offer letters (Acquisition of land) offeree exercising right by refusing to buy at price offered offeree exercising right by refusing to buy at price offered
officer convicted and sentenced in a magistrates court officer convicted and sentenced in a magistrates court officer convicted and sentenced in a magistrates court opposed application set down as unopposed
opposed application set down as unopposed option (Formation of contract) order by consent order by consent
order requiring the performances of acts by person who is not a party to action order requiring the performances of acts by person who is not a party to action other provisions overdraft facility (Income tax)
overdraft facility (Income tax) ownership of copyright ownership of copyright ownership of copyright
ownership of immovable property ownership of immovable property

P

P Pactum commissorium Parastatals Parliament
PARLIAMENT See CONSTITUTIONAL LAW (Parliament) Parole evidence Particular words (INTERPRETATION) Parties
Parties Parties (PRACTICE AND PROCEDURE) PARTNERSHIP Party and party
Passing of (Sentence) PASSING OFF Passing off See PASSING OFF. Patient autonomy
Payment Payment of costs by successful party Payment of debt to foreign resident Penal provisions (INTERPRETATION)
Penalty clause PENALTY CLAUSE See CONTRACT (Penalty) Penalty provision in statute – effect (Sentence; Statutory) Pension
Pension benefits PENSIONS Peoples' right to development Peoples' right to equality
Peoples' right to natural resources Peoples' right to peace Peoples' right to self-determination Peoples' Rights
Peremption Performance Period of prescription Personal liberty and security
Personal right in respect of immovable property PERSONS Physical injury (TORTS) Plaintiff (DEFAMATION)
Plea Plea Plea in abatement Pleading (PRESCRIPTION)
Pleadings Pledge Point raised for first time on appeal POLICE
Police officer – discipline See POLICE (Discipline) Political participation Possession protected by spoliatory remedies Postponement
Postponement Postponement (Appeal) Postponement See CRIMINAL PROCEDURE (Remand) POSTS AND TELECOMMUNICATIONS
Power of attorney (Appeal) Power of court Powers (HIGH COURT) Powers of Supreme Court
PRACTICE AND PROCEDURE Practising as estate agent without being registered Pre-sentencing investigation Pre-trial conference
Precedent See PRACTICE AND PROCEDURE (Stare decisis) Precious Stones Act [Chapter 21:06] (Sentence) PRESCRIPTION Prescription See PRESCRIPTION.
President President (Parties) President (Parties) Presidential election
Prevention of Corruption Act [Chapter 9:16] Prevention of Corruption Act [Chapter 9:16] (Sentence) Principle of compensation (DAMAGES) Principles of lien
Prison officers PRISONS Privacy PRIVATE INTERNATIONAL LAW See CONFLICT OF LAWS
Privilege PRIVILEGE See DEFAMATION (Defences) Privileged occasion Privileged occasion
Privileged occasion Privileged occasion Procedure Proceedings brought on review
Proceedings by and against Proceedings by and against a close corporation Process (PRACTICE AND PROCEDURE) Professional negligence
Professional negligence Professional negligence Professional negligence PROFESSIONS AND TRADES
Prohibited immigrant Prohibited person Promissory notes Promissory notes
Property Property PROPERTY AND REAL RIGHTS Property – division of
Prosecution Prosecution of Prosecutor PROSECUTOR See CRIMINAL PROCEDURE (Prosecutor)
Protocol establishing SADC Tribunal Protocol establishing SADC Tribunal Protocol establishing SADC Tribunal Provisional order
Provisional sentence Public authority Public moneys Public officer
Public official Public Order and Security Act [Chapter 11:17] Public Order and Security Act [Chapter 11:17] (Sentence) Public servant
Public service PUBLIC SERVICE Public violence (Sentence) Publication of company's name
Purchase and sale

p

par delictum par delictum rule (departure from) parent of child arrested by police parent of child arrested by police
parent of child arrested by police parol evidence rule party allegedly in contempt approaching court for relief party alleging order to be erroneous
party alleging order to be erroneous party alleging order to be erroneous party alleging order to be erroneous party in contempt
party showing lack of bona fides party to civil dispute wrongfully having recourse to criminal law party’s duty to comply with order party’s duty to comply with order
passing off passing off passing off penalty for abuse of process
penalty for abuse of process pendente lite pendente lite pendente lite
pending appeal for bail pending appeal of execution pending appeal of execution pending extradition and bail
peregrinus See COURT (Jurisdiction – peregrinus) peregrinus See COURT (Jurisdiction – peregrinus) plea to in answer to summons plea to in answer to summons
pleadings See PRACTICE AND PROCEDURE (Pleadings – application proceedings) pleadings See PRACTICE AND PROCEDURE (Pleadings – application proceedings) pleas open to accused police officer (Parties)
police officer (Parties) powers of powers of AG practitioner accepting appointment as executor dative
practitioner accepting appointment as executor dative practitioner accepting appointment as executor dative practitioner accepting appointment as executor dative practitioner advising client to disobey court order
practitioner advising client to disobey court order practitioner advising client to disobey court order practitioner advising client to disobey court order practitioner making unsubstantiated allegations of impropriety against another officer of court
practitioner making unsubstantiated allegations of impropriety against another officer of court practitioner making unsubstantiated allegations of impropriety against another officer of court practitioner making unsubstantiated allegations of impropriety against another officer of court praedial servitude
praedial servitude prescription (Plea) prescription (Plea) presumption in favour of regulations validity
presumption in favour of regulations validity previous litigation between same parties (Res judicata) previous litigation between same parties (Res judicata) price payable “free of deduction"
price payable “free of deduction" principles principles principles (Joinder of parties)
principles (Joinder of parties) principles (Res judicata) principles (Res judicata) principles (Rescission of judgment)
principles (Rescission of judgment) principles (Summary judgment) principles (Summary judgment) principles applicable
principles of impossibility principles to be observed (bail) priority in time of application for registration priority in time of application for registration
priority in time of application for registration procedure for barring procedure for barring property attached in execution
property attached in execution property rights under customary law marriage property rights under customary law marriage provision contrary to public policy
provisional order (Application) provisional order (Application) provisional order See PRACTICE AND PROCEDURE (Provisional order) provisional order See PRACTICE AND PROCEDURE (Provisional order)
public interviews public servant purchase price paid in foreign currency (Validity, SALE) purchase price paid in foreign currency (Validity, SALE)
purchase see SALE (Option) purpose of application for directions purpose of application for directions purpose of award of damages (Breach of contract)
purpose of Discovery purpose of Discovery purpose of pre-trial conference purpose of pre-trial conference

Q

Q Quantity surveyor

R

R RAILWAYS Rape Rape (Sentence)
Rate of interest Reasonable expectation doctrine Reasons for decision Receipt of money
Receiving stolen property knowing it to have been stolen v Recent possession (EVIDENCE) Recognition of legal status Record
Record Record (PRACTICE AND PROCEDURE) Rectification RECUSAL
Recusal (PRACTICE AND PROCEDURE) Recusal See RECUSAL Recusal See RECUSAL Referendum
Referral of matter to Reform of law Refugees Refusal to employ
Regulation of sport Regulations REGULATIONS See INTERPRETATION OF STATUTES (Regulations) and STATUTES (Regulations) Regulations – validity
Relationship between banker and client Relationship between customer and banker Relief Remand
Remedies Remittal Remuneration Rent Board
Representation Requirements Requirements Requirements for interdict
Requirements to establish claim (PASSING OFF) Res judicata Res litigiosa Res litigiosa (SALE)
Rescission of judgment Reserve Bank Restraining a party from disposing of assets of a marriage Restraint of trade
Retrenchment Retrospectivity Retrospectivity (INTERPRETATION) REVENUE AND PUBLIC FINANCE See also CUSTOMS AND EXCISE
Reversionary right Review Review REVIEW
Review (CRIMINAL PROCEDURE) Review (MAGISTRATES COURT) Review (Sentence) Review See REVIEW
Reviewable decision Revocation of will Right of Right of first refusal or pre-emption See SALE (Option)
Right of reply Right of reply (DEFAMATION) Right to nationality Rights (MINES AND MINERALS)
Rights in and to immovable property Rights of action (PRACTICE AND PROCEDURE) Road Traffic Act [Chapter13:11] Road transportation
Robbery Rule of law Rules of court Rules of court – departure from (PRACTICE AND PROCEDURE)
Rural district council

r

rate of interest laid down in Money Lending and Rates of Interest Act [Chapter 14:14] rate of interest laid down in Money Lending and Rates of Interest Act [Chapter 14:14] 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 not same as rate under Prescribed Rate of Interest Act [Chapter 8:10] 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 rate of interest when debt expressed in foreign currency
rate of interest when debt expressed in foreign currency recognition and protection of marriage recovery of income tax recovery of income tax
recovery of money paid in error rectification of irregularity (Jurisdiction of Supreme Court) rectification of irregularity (Jurisdiction of Supreme Court) recusal of judicial officer See RECUSAL
registration of birth registration of birth registration of birth registration of mass media
registration of mass media registration of mass media registration of mass media regulations effectively altering provisions of parent Act
regulations effectively altering provisions of parent Act remedies remedies remedies
remedies removal removal from office removal from office
renunciation of exceptions non causa debiti, non numeratae pecuniae and errore calculi representation (Parties) representation (Parties) representative (Class action)
representative (Class action) representative action (Parties) representative action (Parties) requirement for good faith (PARTNERSHIP)
requirement for good faith (PARTNERSHIP) requirement for good faith (PARTNERSHIP) requirement that applicant purge its contempt before approaching court for relief requirement to act in accordance with human rights, democracy and the rule of law
requirement to act in accordance with human rights, democracy and the rule of law requirement to act in accordance with human rights, democracy and the rule of law requirement to serve copy of notice on plaintiff or his legal practitioner requirement to serve copy of notice on plaintiff or his legal practitioner
requirements for (Res judicata) requirements for (Res judicata) res judicata See PRACTICE AND PROCEDURE (Res judicata) res judicata See PRACTICE AND PROCEDURE (Res judicata)
res litigiosa rescission (Default judgment) rescission (Default judgment) rescission See PRACTICE AND PROCEDURE (Rescission of judgment).
rescission See PRACTICE AND PROCEDURE (Rescission of judgment). resolutive condition respondent’s heads of argument respondent’s heads of argument
response to (Application) response to (Application) return of child to country of habitual residence return of child to country of habitual residence
return of child to country of habitual residence review (Jurisdiction of Supreme Court) review (Jurisdiction of Supreme Court) review See REVIEW (Application)
review See REVIEW (Application) right of access to grave (iter ad sepulchrum) right of access to grave (iter ad sepulchrum) right of appeal
right of appeal right of first refusal (pre-emption) right of first refusal (pre-emption) right of first refusal (pre-emption) (SALE)
right of first refusal (pre-emption) (SALE) right to protection of the law right to water rights accrued before the date of termination
rights of widow under customary law to share of estate rights of widow under customary law to share of estate rights of widow under customary law to share of estate rights of widow under customary law to share of estate
rules of

S

S SADC Treaty SADC Treaty SADC Treaty
Salaries and wages SALE Sale in execution See PRACTICE AND PROCEDURE (Execution – sale). Sale of land
Sale of land (Company) <