Subject index to caselaw

Browse selected caselaw using our subject index below. Note, this index covers only a selection of cases. You may find more caselaw relating to your research by using the search engine of this website.
" (2) A (192) B (28) C (226) D (139) E (97) F (48) G (24) H (28) I (107) J (37) K (2) L (73) M (65) N (37) O (37) P (156) Q (2) R (113) S (130) T (51) U (31) V (35) W (69) X (1) Y (2) Z (5) (3)
"clean hands” – requirement to come to court with "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 ACCOMPLICE
Accomplice Accomplice See EVIDENCE (Accomplice) 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 authority
Administrative Court Administrative Court Administrative Court (TOWN AND COUNTRY PLANNING) Administrative decisions and acts
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) AGENCY
Agent Agreement as to Agreement of reference Agricultural land
Air carrier Aircraft (Offences) Act [Chapter 9:01] 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) 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 code of conduct Appeal costs Appeal of sentence Appeal See APPEAL (Criminal matter)
Appeal to Supreme Court on a question of law 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). Appointment of Official Receiver Aquilian action
ARBITRATION Arbitration 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-General Attorney-General (LEGAL PRACTITIONER) See also CRIMINAL PROCEDURE (Attorney-General).
Attorney-General See 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 access to by non-custodian parent
access to international tribunals accused appearing in court after High Court order issued acknowledgment of debt acquisition from foreign investor
acquisition notice issued before coming into effect of constitutional amendment No 17 acquisition of ownership act in defence of third party property (POLICE) actio iniuriarum
actio de pauperie (Actio injuriarum) actio rei vindication action against Electoral Commission action brought against surety after judgment taken against principal debtor
action for See DELICT (Actio injuriarum - adultery) address in mitigation adultery adultery (Actio injuriaru)
adultery (Family law -CUSTOMARY LAW) affidavit in support of application affidavit See PRACTICE AND PROCEDURE (Affidavit) 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 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 lease over land alteration of bail alteration of verdict
ambiguities amendment of amendment of charge amendment of pleadings
amount ancillary issue not specifically before court answering affidavit appeal
appeal against default judgment appeal from magistrates court appeal to High Court appeal to SADC Tribunal
appellant absenting himself application (Set-down) application by Attorney-General for leave to appeal against sentence application for bail
application for condonation application for discovery 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 rescission of judgment application for review application for spoliation order
application for stay of execution pending appeal to the Supreme Court application for summary judgment application made either ex parte or at very short notice application made in respect of ancillary matter
application proceedings (Pleadings) application to Administrative Court to confirm acquisition appointment appointment of
appointment of chiefs by President appointment of members of board by relevant Minister approach to be followed in magistrates courts assessment of income tax
assessment of loss attestation audi alteram partem rule 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 BILLS OF EXCHANGE AND NEGOTIABLE INSTRUMENTS BIRTHS AND DEATHS See FAMILY LAW (Child birth registration) Breach
Breach of confidence by servant Breach of warranty against eviction (SALE) Bribery (Sentence) Broadcasting
Building erected in violation of building by-laws Building permit

b

banker's negligence based on judgment in personam (Res judicata) bias bigamous marriage, effects of (Family law -CUSTOMARY LAW)
binding nature of treaties 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 by consent (Judgment)

C

C Cancellation Candidate (ELECTIONS) Canvassing agent
Capacity to make will Carriage of goods Carriage of goods See CARRIER CARRIER
Causation (DELICT) Cession Change of domicile CHARACTER See EVIDENCE (Character)
Charge Cheques 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 CONSTITUTIONAL LAW (Citizenship) Civil and criminal review Civil Aviation Authority Civil matter
Civil matter (EVIDENCE) Civil matter review CIVIL PROCEDURE See PRACTICE AND PROCEDURE CIVIL SERVICE See PUBLIC SERVICE
Claim (PRACTICE AND PROCEDURE) Claim for compensation Claim for interest Class action
CLUB See above, under ASSOCIATION (Club) Clubs 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 (INTERPRETATION) Community service (Sentence)
Companies Act COMPANY Compensation Compensation (TORT)
Compensation order Competition Completion Composition of Supreme Court
COMPROMISE Compromise COMPUTERS & INFORMATION TECHNOLOGY Concealment of Birth Act [Chapter 9:04]
Condition Conditional(SALE) Conditions of employment Condonation late noting
Condonation (PRACTICE AND PROCEDURE) Condonation (Review) Conduct and ethics (LEGAL PRACTITIONER) Confession (EVIDENCE)
Confidential information CONFLICT OF LAWS Conscience/religion Constituencies and wards
Constitution Constitution of Zimbabwe 1980 Constitution of Zimbabwe 2013 CONSTITUTIONAL LAW
Constitutional matter Constitutional supremacy Consumer contract 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) 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 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 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 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 must be set out in founding affidavit certificate of urgency
challenge to impartiality of chamber application charging a company child abduction
child removed from jurisdiction by one parent citation of parties claim expressed in foreign currency (Judgment) claim for eviction (Summary judgment)
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 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
collection of cheques commercial lease commercial sale agreement committal for prison for
company (Parties) completion of trial 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 conduct of interpreter in criminal trial conduct of magistrate in criminal trial confession in trial
consideration to applicable customary principles of succession constitutionality of delict constructive contempt contempt ex facie curiae
contempt in facie curiae contempt proceedings contempt purged 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 verdict counsel acting pro amico
court application court should lean in favour of case continuing court's jurisdiction to protect itself from abuse court’s powers of review
court’s wide powers in civil appeal (Supreme Court) currency in which judgment may be expressed current account custody of child
customary law entitlement customary marriage followed by civil marriage

D

D DAMAGES Damages (DEFAMATION) 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 Death (DAMAGES) Debtor Deceased estate
DECEASED ESTATE See ADMINISTRATION OF ESTATES. Decision of court a quo reasons for 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
Default judgment DEFAULT JUDGMENT See PRACTICE AND PROCEDURE (Default judgment) Defence of qualified privilege (Defamation, TORT) Defence of sudden emergency
Defence outline Defences for defamation Degrees of participation Delay in instituting proceedings
Delegated legislation DELICT DELICT See also DAMAGES; NEGLIGENCE Delictual (DAMAGES)
Demeanour See EVIDENCE (Credibility - demeanour) Democracy Depositum DEPOSITUM See CONTRACT (Depositum)
Deputy Sheriff Deputy Sheriff’s entitlement to commission Derogation Development (TOWN AND COUNTRY PLANNING)
Dignity Diminished responsibility Directions – application for Director
DIRECTOR See COMPANY (Director) Disablement pension Discharge at close of State case Disciplinary proceedings
Disciplinary proceedings (PUBLIC SERVICE) Discipline (POLICE) Discipline of stockbrokers Discovery
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
DIVORCE See FAMILY LAW (Husband and wife - divorce) 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) Duties (POLICE) Duty (CUSTOMS AND EXCISE) Duty and value-added tax
Duty of care (BANKING) Duty of care (NEGLIGENCE) DUTY See CUSTOMS AND EXCISE (Duty)

d

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

E

E 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 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 Execution leave to execute pending appeal) Execution (PRACTICE AND PROCEDURE) EXECUTION See PRACTICE AND PROCEDURE (Execution)
Executor EXECUTOR See ADMINISTRATION OF ESTATES (Executor) Exemption clauses 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 of failure to file heads of argument timeously effect of registration of ownership 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) enforce law and protect constitutional right to protection of the law (POLICE) enforcement
enforcement of judgment entitlement to share of matrimonial (CUSTOMARY LAW) essential requirements (Formation of contract) essentials not necessarily conclusive to existence of a partnership
essentials of Aquilian action essentials of res judicata estate agent See ESTATE AGENT eviction order
evidence evidence which may be led by plaintiff (Summary judgment) ex parte application ex turpi causa non oritur actio
exceptio non causa debiti, exceptio non numeratae pecuniae and exception errore calculi exceptional measure for cases involving neglect or impropriety exceptions, provisos and exemptions (charge) execution following default judgment
executive powers of exercise of discretionary power by lower court exercise of servitude expungement of trade mark
extent of act violating dignity (Actio injuriarum) extent of invasion of privacy (Actio injuriarum) extent to which parties are bound by pleadings extenuating circumstances in murder sentencing

F

F Factors affecting (Sentence) 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) 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

f

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

G

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

g

general and special damages general behaviour of litigants throughout the litigation completely unjustified good faith and full disclosure of all material facts (Urgent Application) grant of bail
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 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 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 human rights treaty husband and wife (CUSTOMARY LAW) husband and wife (Family law -CUSTOMARY LAW)
husband marrying a second wife under civil law while first marriage subsisted

I

I Identity (EVIDENCE) 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 pari delicto mellor est conditio possidentis Logan v Sibiya 2002 (1) 531 (H)
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 See also SUCCESSION Irregularities Irregularity

i

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

K

K Kelsenian theory of efficacy

L

L Labour Act [Chapter 28:01] Labour Court 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 Labour Relations Tribunal See also EMPLOYMENT (Labour Court) LAND
Land See LAND. LANDLORD AND TENANT Lapsed appeal Lapsing of
Law and Order (Maintenance) Act [Chapter 11:07] Lawful dismissal Lease Leave application for appeal to the Supreme Court
Legal personality LEGAL PRACTITIONER Legal practitioner and client scale Legal practitioner See LEGAL PRACTITIONER
Legal representation Legitimate expectation Lessee See LANDLORD AND TENANT (Tenant) Levy on employers
Liability (DELICT) Liability for interest Liability for negligence 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 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) land sold by instalments
late appearance of entry to defend default judgment late noting of late noting of application legal action on behalf of company
legal practitioner legal representation in trial legitimacy of child in customary law legitimacyof child born during subsistence of customary law marriage -
legitimate expectation lengthy delay between conviction and hearing of appeal 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) lis alibi pendens lis pendens See PRACTICE AND PROCEDURE (Lis pendens) locus standi See PRACTICE AND PROCEDURE (Locus standi)

M

M Magistrate MAGISTRATES COURT Magistrates court See MAGISTRATES COURT
Maintenance Making of payment outside the country Malicious injury to property Malicious prosecution (TORT)
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 which court may take into account (Sentence) MAXIMS Meaning of words
MEDIA Medical evidence Medical practitioner Medical testing of employees
MEDICINE Meetings Mental disorder MENTAL DISORDERS See CRIMINAL LAW Defences (Insanity) and CRIMINAL PROCEDURE (Verdict - special verdict)
MILITARY LAW MINES AND MINERALS Ministry of Health (Parties) Miscellaneous Offences Act [Chapter 9:15]
Misconduct MISJOINDER See PRACTICE AND PROCEDURE (Joinder) 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)
Murder Murder (Sentence) MURDER See CRIMINAL LAW (Murder)

m

management share option scheme (Income tax) mandamus matrimonial case matrimonial property rights
matter capable of resolution by either general law or customary law matter pending in Labour Relations Tribunal maxim ut res magis valet quam pereat may be ordered for failure to advise clients correctl
meaning of impossibility 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 mistake mistake See CONTRACT (Mistake)
mistake See CONTRACT (Mistake) mitigation (Breach of contract)

N

N NATIONALITY See CONSTITUTIONAL LAW (Citizenship) Natural justice Nature of contract
Nature of Trust Negligence NEGLIGENCE Negligence (TORT)
Negligence - liability - medical Negotiable instruments NEGOTIABLE INSTRUMENTS Nomination
Non-disclosure Non-pathological criminal capacity Notice of Notice of agency
Notice of election Notice to defend Novation NOVATION See CONTRACT (Novation)
Nuisance (TORT)

n

name of child born out of wedlock nature of contract of option nature of order 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 person knew of court order no agreement between parties that it should apply
non-joinder non-suiting of parties not a decision on the merits (Default judgment) not an organ of the State
notice of notice of (Set-down) 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 OFFER See CONTRACT (Offer) Officer (COURT)
Officer of Official Secrets Act [Chapter 11:09] Option Option (SALE)
Option (SALE) OPTION See SALE (Option) Order (PRACTICE AND PROCEDURE) Order (SPOLIATION)
Order of Overdraft Ownership Ownership
OWNERSHIP See PROPERTY AND REAL RIGHTS (Ownership)

o

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

P

P Pactum commissorium Parliament PARLIAMENT See CONSTITUTIONAL LAW (Parliament)
Parole evidence Particular words (INTERPRETATION) Parties (PRACTICE AND PROCEDURE) PARTNERSHIP
Passing of (Sentence) PASSING OFF Passing off See PASSING OFF. 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 See CRIMINAL PROCEDURE (Remand)
POSTS AND TELECOMMUNICATIONS 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) 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 Procedure Proceedings brought on review Process (PRACTICE AND PROCEDURE)
Professional negligence PROFESSIONS AND TRADES Prohibited immigrant Prohibited person
Promissory notes Promissory notes Property Property
PROPERTY AND REAL RIGHTS Property – division of Prosecution Prosecutor
PROSECUTOR See CRIMINAL PROCEDURE (Prosecutor) Protocol establishing SADC Tribunal Provisional order Provisional sentence
Public authority Public moneys Public officer 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

p

par delictum par delictum rule (departure from) parent of child arrested by police parol evidence rule
party allegedly in contempt approaching court for relief 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 passing off penalty for abuse of process
pendente lite pending appeal for bail pending appeal of execution pending extradition and bail
peregrinus See COURT (Jurisdiction – peregrinus) plea to in answer to summons pleadings See PRACTICE AND PROCEDURE (Pleadings – application proceedings) pleas open to accused
police officer (Parties) powers of powers of AG practitioner accepting appointment as executor dative
practitioner advising client to disobey court order practitioner making unsubstantiated allegations of impropriety against another officer of court praedial servitude prescription (Plea)
presumption in favour of regulations validity previous litigation between same parties (Res judicata) price payable “free of deduction" principles
principles principles (Joinder of parties) principles (Res judicata) principles (Rescission of judgment)
principles (Summary judgment) principles applicable principles of impossibility principles to be observed (bail)
priority in time of application for registration procedure for barring property attached in execution property rights under customary law marriage
provision contrary to public policy provisional order (Application) provisional order See PRACTICE AND PROCEDURE (Provisional order) public servant
purchase price paid in foreign currency (Validity, SALE) purchase see SALE (Option) purpose of application for directions purpose of award of damages (Breach of contract)
purpose of Discovery 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) 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 Relief
Remand Remedies Remittal Remuneration
Rent Board Representation 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) Rights (MINES AND MINERALS) Rights in and to immovable property Rights of action (PRACTICE AND PROCEDURE)
Road Traffic Act [Chapter13:11] 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 not same as rate under Prescribed Rate of Interest Act [Chapter 8:10] rate of interest when debt expressed in foreign currency recognition and protection of marriage
recovery of income tax recovery of money paid in error rectification of irregularity (Jurisdiction of Supreme Court) recusal of judicial officer See RECUSAL
registration of birth registration of mass media regulations effectively altering provisions of parent Act remedies
removal removal from office renunciation of exceptions non causa debiti, non numeratae pecuniae and errore calculi representation (Parties)
representative (Class action) representative action (Parties) 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 serve copy of notice on plaintiff or his legal practitioner requirements for (Res judicata) res judicata See PRACTICE AND PROCEDURE (Res judicata)
res litigiosa rescission (Default judgment) rescission See PRACTICE AND PROCEDURE (Rescission of judgment). resolutive condition
respondent’s heads of argument response to (Application) return of child to country of habitual residence review (Jurisdiction of Supreme Court)
review See REVIEW (Application) 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) (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 rules of

S

S SADC Treaty Salaries and wages SALE
Sale in execution See PRACTICE AND PROCEDURE (Execution – sale). Sale of land Sale See SALE Sales tax
Sales tax Salvage lien and improvement lien Sanctions Schedules to an enactment
Scheme (TOWN AND COUNTRY PLANNING) School rules SCHOOL See EDUCATION (School). Search (CRIMINAL PROCEDURE)
Sectional title Securities for advances Seizure (CUSTOMS AND EXCISE) Seizure of articles
Sentence (PRISONS) Sentence See CRIMINAL PROCEDURE SENTENCE General Principles Sequestration Serious or massive violations
Servant wrongfully dismissed Servitude Set-down Set-down (PRACTICE AND PROCEDURE)
Setting aside award Severability Sexual cases (EVIDENCE) Sexual Offences Act [Chapter 9:12]
Sexual Offences Act [Chapter 9:21] (Sentence) Shareholder Shares Shelter
Sheriff and his deputies Shona system of succession Signatory Similar fact evidence
Single witness Slander (Defamation, TORT) Slavery Small claims court
Small claims court (Review) Socio-economic rights Sodomy Sodomy (Sentence)
Sovereign immunity SPECIFIC PERFORMANCE See CONTRACT (Breach – remedies – specific performance) Specification of person suspected of corruption offences SPOLIATION
Spoliation See SPOLIATION SPORT Spouse (SUCCESSION) Stamp duty
Standing orders (POLICE) Stare decisis Stare decisis State Procurement Board (Parties)
State responsibility Statement of grounds of relief Statements from the bar Status of estate agent
Status of Trust STATUTES Statutory authorities and bodies Statutory bodies
STATUTORY TENANT See LANDLORD AND TENANT (Tenant – statutory tenant) Stay of proceedings Stipulatio alteri STOCK EXCHANGE
Stock theft (Sentence; Code) Stock theft (Sentence; Statutory) Stock theft See CRIMINAL PROCEDURE (SENTENCE) (Statutory offences – stock theft) Stockbroker
STOCKBROKER See PROFESSIONS AND TRADES (Stockbroker) Strike (EMPLOYMENT) Striking out Striking out
Subdivision Subdivision of property Subletting of contract Submissions by parties to appeal
Subrogations Substantive rights Substituted security Succession
SUCCESSION Summary dismissal Summary judgment SUMMARY JUDGMENT See PRACTICE AND PROCEDURE (Summary judgment)
Summons SUPREME COURT Supreme Court See SUPREME COURT Surety – liability of
SURETYSHIP Suretyship See SURETYSHIP Suspended sentence Suspension of employee

s

sale (Execution) sale of immoveable property sale of land (Validity, SALE) sale of portion of immoveable property
sale or supply of “services” selling of infringing copies of CDs and DVDs servants of party service of (Process)
set-down on urgent basis setting aside award severability signatory to affidavit
similarity likely to lead to trade mark confusion single offence (suspended sentence) special pleas, exceptions and applications to strike out special verdict on grounds of accused’s insanity
specific words and phrases statute published in Revised Edition of Laws statutory requirements stay of execution
stay of proceedings (Abuse of process) stipulated rate of interest in excess of rate laid down in Money Lending and Rates of Interest Act [Chapter 14:14] strike action by employee striking out See PRACTICE AND PROCEDURE (Striking out).
substitution (Parties) summary dismissal of action (Abuse of process) summary judgment See PRACTICE AND PROCEDURE (Summary judgment). supervening impossibility alleged by non-performing party
supporting affidavit filed in opposition to claim suspension of employee See EMPLOYMENT (Suspension)

T

T Tacit universal partnership Taxation Taxation (Review)
Taxes Tenant Tender Term
Termination Termination of employment Termination of service Terms
Testator (SUCCESSION) Theft Theft (Sentence) Theories of purpose of punishment
Time - reckoning of (PRACTICE AND PROCEDURE) TORT Tortfeasors Torture
TOWN AND COUNTRY PLANNING TRADE Trade mark TRADE MARK See INTELLECTUAL PROPERTY (Trade mark)
Trade union Treasury bill (Income tax) Treasury bills Treasury bills
Treaties Trespass Trespass to land Trial
Trial (PRACTICE AND PROCEDURE) Tribunal required to develop its own jurisprudence, having regard to applicable treaties, general principles and rules of public international law Tribute agreement (MINES AND MINERALS) TRUST
Trust account Trusteeship

t

tacit or implied Terms tax due on interest payable to issuer of promissory notes taxable income taxpayer
temporary or final impossibility testing validity of customary law marriage time limits (Default judgment) time within which heads of argument to be filed
to Supreme Court trade mark registration – transfer of employee to another town transfer of real property
trust (Parties)

U

U Unauthorised debit of customer’s account Undue preference Uniformity of sentence
UNIVERSITY See EDUCATION (University) Unjust enrichment UNJUST ENRICHMENT See ENRICHMENT (Unjust). Unlawful dismissal
Unlawful entry and theft (Sentence; Code) Unlawful entry into premises followed by theft of property therefrom Unlawful interference with right to earn a living Unrepresented accused
Urban council Urban council employee See EMPLOYMENT (Employee - urban council employees) Urgent Application Use of distinctive word and packaging (PASSING OFF)
Ut res magis valet quam pereat

u

unauthorised use of a mark so nearly resembling a registered trade mark unfinished partnership business after de facto termination of agreement unilateral mistake by offer or universitas
unlawful termination of contract unreasonableness of decision being reviewed unregistered customary law marriage unregistered customary law marriage
unrepresented accused in trial unrepresented female litigant upliftment of bar urban council employees
urgent See PRACTICE AND PROCEDURE (Urgent application) use of international human rights instruments to resolve ambiguity in domestic legislation and to ensure equal treatment

V

V Validity Validity Validity (SALE)
Validity of election Validity of will Value added tax Variation of will
Venue Verdict Vexatious proceedings See PRACTICE AND PROCEDURE (Abuse of process) Vicarious liability (Negligence (TORT))
Vicarious liability (TORTS) 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
Voluntary association VOLUNTARY ASSOCIATIONS See ASSOCIATIONS. Vote Voter
Voters roll

v

validity validity validity (Application) validity (Default judgment)
validity of validity of judgment validity of notice validity of order
variation of Terms vicarious liability vicarious liability (DELICT) vicarious liability for breach of contract
voluntary association (Parties) voluntary assumption of risk by plaintiff

W

W Wage Wages and salaries WAIVER
Waiver of rights by a party Waiver See WAIVER What constitutes Waiver What is (SPOLIATION)
What may be compromised When interest payable When Waiver may be inferred Whether substantial damages can be recovered without proof of actual loss
Whistleblowing WILL Will See also WILL Will See WILL
Winding up Witness (CRIMINAL PROCEDURE) Witness (EVIDENCE) Women
Work Workers’ committee Workman’s lien Workmen's compensation
WRONGFUL ARREST See DAMAGES (Delictual – unlawful arrest and imprisonment) Wrongful dismissal WRONGFUL DISMISSAL See EMPLOYMENT (Wrongful dismissal)

w

warrant what constitutes what constitutes what constitutes an offer
what constitutes Contempt what constitutes urgency (Urgent application) what is what is not denied in affidavits must be taken to be admitted
what may be charged what property may be attached what record of proceedings of lower court must contain when appropriate
when appropriate (Application) when can regulations be declared to be ultra vires when clause may relieve party of liability for negligence when may be dispensed with (Attachment)
when may be filed (Exception) when may be granted when may be made (Urgent application) when may be ordered (Joinder of parties)
when may be regarded as an organ of the State when need not be accepted as constituting entire contract between parties when offer can be said to have been made when parol evidence may be led
when party may plead impossibility when should execution appeal be granted when such clauses valid when Supreme Court may exercise review powers
when suspended sentence appropriate when trial commences when word may be registered as trade where date specified, interest runs from that
whether contract one of hire or for services whether interest begins to run again from date of litis contestatio whether international human rights instruments are part of the law whether one of assignment or cession
who may bring class action wife (Family law -CUSTOMARY LAW) wife in second, bigamous marriage wife’s entitlement to division of estate (CUSTOMARY LAW)
withdrawal by applicant after set down (Application) wrongful attachment (Actio injuriarum)

X

X

Y

Y Youthful offenders

Z

Z Zambia Broadcasting Corporation (Parties) Zambia Stock Exchange (Parties) Zimbabwe Broadcasting Corporation
Zimbabwe Electoral Commission

“free of deduction” “golden rule” of interpretation “supermarket”

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