Subject index to caselaw

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A (224) B (37) C (251) D (164) E (109) F (57) G (26) H (30) I (114) J (40) K (2) L (82) M (79) N (43) O (41) P (172) Q (2) R (129) S (149) T (56) U (32) V (36) W (77) X (1) Y (2) Z (5) (3)


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 of evidence
Admission (LEGAL PRACTITIONER) Admissions Admissions (PRACTICE AND PROCEDURE) Admissions See CRIMINAL PROCEDURE (Admissions)
Adoption 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 Aged people 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) Amnesty, effect of
ANIMALS Annual leave Anton Piller order Anton Piller order (Application)
Appeal (HIGH COURT) Appeal - court martial - appeal against decision of Appeal against determination of disciplinary committee under disciplinary code Appeal by Prosecutor-General
Appeal by State Appeal code of conduct Appeal costs Appeal of sentence
Appeal out of time Appeal record not containing decree 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 Appellate Jurisdiction Act (Tanzania)
Applicability of action other than in trade relationships (PASSING OFF) Application Application (INTERDICT) Application (PRACTICE AND PROCEDURE)
Application for mandamus Application for order of certiorari Application for recusal Application for review
APPLICATION See PRACTICE AND PROCEDURE (Application). Application to lodge memorandum of appeal out of time Application to strike out Notice of Appeal 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 Armed conflict 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 Asylum and refuge 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


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
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 Back-dating of prison sentence to date of convicted person’s arrest BAIL Bail
Bail pending trial Bank allowing customer to draw against uncleared effects BANKING BANKING LAW
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
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


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 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 Cheque lost in the course of collection Cheques CHIEF JUSTICE
Chieftainship Child (FAMILY LAW) Child labour 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)
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 Collecting banker 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 Consensus Constituencies and wards 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 Consumer contract CONTEMPT OF COURT
Contempt of court Contempt of court (Sentence) Contempt of court See COURT (Cintempt) Contempt of court See COURT (Contempt)
Contention that trial court lacked jurisdiction in appeal 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 and Neighbouring Rights Act [Chapter 26:05] Corporal punishment (Sentence) Corporate veil Corporation's property not State property
Correction (Sentence) COSTS Costs Costs (Contract)
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 PROCEDURE (SENTENCE) Offences Under Criminal Law Code CRIMINAL PROCEDURE (SENTENCE) Statutory offences Cross appeal Cross-examination
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


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 clean hands – requirement to come to court with 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 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 De bonis propriis Death (DAMAGES) Death penalty
Decision of court a quo reasons for Decision-making by public authorities Decisions of functionary Declaration of bankruptcy order
Declaration of Rights Declaratory application 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
Defences for defamation Degrees of participation Delay in instituting proceedings Delay in prosecution of appeal
Delegated legislation Delegation of powers DELICT DELICT See also DAMAGES; NEGLIGENCE
Delictual (DAMAGES) Demeanour See EVIDENCE (Credibility - demeanour) Democracy Deportation
Deposit with the bank Depositum DEPOSITUM See CONTRACT (Depositum) Deprivation of
Deputy Sheriff Deputy Sheriff’s entitlement to commission Deregistration Derogation
Derogation clauses in the Bill of Rights Development Development (TOWN AND COUNTRY PLANNING) Dignity and honour and reputation
Diminished responsibility Directions – application for Director DIRECTOR See COMPANY (Director)
Directors of Close corporation Disabled people Disablement pension Disbursements (BILL OF COSTS)
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 Disposal of wealth and natural resources 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 appellate court where there is no judgment Duty of banker to customer
Duty of care (BANKING) Duty of care (NEGLIGENCE) DUTY See CUSTOMS AND EXCISE (Duty) Duty to give reasons


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 Economic duress EDUCATION Education
Education Act [Chapter 25:04 Effect of court order on deposit account EJECTMENT See LANDLORD AND TENANT Election petition
Election petition time limits Elections 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
Equality and non-discrimination Equality before the law and equal protection of the law Estate ESTATE AGENT
Estate agent ESTOPPEL Estoppel (CONTRACT) Ethnic and racial and indigenous groups
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 Exclusion of the jurisdiction of the courts by finality clauses Excommunication of priests Execution
Execution (PRACTICE AND PROCEDURE) Execution of a will EXECUTION See PRACTICE AND PROCEDURE (Execution) Executive authority
Executive powers EXECUTOR See ADMINISTRATION OF ESTATES (Executor) Executor/Administrator of deceased's estate Exemption clauses
Exhaustion of internal remedies Expenditure (REVENUE AND PUBLIC FINANCE) Exploitation degredation abuse or trafficking Express and disseminate opinion
Expressio unius est exclusio alterius EXPROPRIATION Extension of time to appeal Extension of time to file notice of appeal
Extension of time within which to note appeal Extinctive prescription Extortion (Sentence) Extradition


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 Factors affecting (Sentence) Failure to file appeal within prescribed time Failure to join an affected party as Second Respondent
Fair administrative justice Fair hearing Family Family arrangement (SUCCESSION)
FAMILY LAW Family law (CUSTOMARY LAW) Father dies intestate Filing of voluminous and unnecessary documents in a court application
Final interdict Finance charges Fine (Sentence) Firearms Act [Chapter 10:09]
Food security Force – use of to preserve law and order Foreign judgment Foreign law (EVIDENCE)
FOREIGN LAW See EVIDENCE (Foreign law) Foreign liquidation Forfeiture of goods (CUSTOMS AND EXCISE) Forfeiture to State
Formalities of Appeal Formalities of will Formation Formation of partnership
Forms of punishment (Sentence) Formulation of Master Plan in an urban area Fraud Fraud
Frivolous and vexatious See PRACTICE AND PROCEDURE (Abuse of process). Frustration Functus officio Fundamental rights
Further evidence (Appeal)


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) free of deduction (Contract SALE)
frivolous and vexatious fugitive from justice fugitive from justice (Parties) further discovery


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


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 Habeas Corpus Harmful practices affecting the rights of women Have his cause heard (fair trial)
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]
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)
Housing HUMAN RIGHTS Husband and wife (DONATION) Husband and wife (FAMILY LAW)
HUSBAND AND WIFE See FAMILY LAW (Husband and wife).


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 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) Imprisoned/detained people 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) Independent judiciary Indictment for trial Indictment See CRIMINAL PROCEDURE (Charge)
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 Inheritance
Injunctive orders against the Government 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 Integrity of the person 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 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 Irregularities
Irregularity Issue of order of certiorari


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)


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 (Administration of Estates) Jurisdiction (ADMINISTRATIVE LAW)
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


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 Kelsenian theory of efficacy


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 Language 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) Liberty Licence LIEN
Lien See LIEN. Life Limitation as to costs (BILL OF COSTS) Limitation of actions
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 (Close corporation) Locus standi (standing)


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 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 MARRIAGE See CUSTOMARY LAW (Marriage) and FAMILY LAW (Husband and wife - marriage) Mass expulsion
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 Military service MINES AND MINERALS 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) Morals and traditional values
MORTGAGE Mortgage bond over residential property Mortgage See MORTGAGE Mortgages
Motoring case Motoring offence Movement and residence Multiple counts (Sentence)
Multiple parties Murder Murder (Sentence) MURDER See CRIMINAL LAW (Murder)
Mutual respect and tolerance


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 Name Name of Close corporation Nationality
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)


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 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 See SALE (Option) Oral agreement
Order (PRACTICE AND PROCEDURE) Order (SPOLIATION) Order of costs Orders certiorari and mandamus
Overdraft Overdraft facilities Ownership Ownership


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 Pactum commissorium Parastatals Parental care and protection
Parliament PARLIAMENT See CONSTITUTIONAL LAW (Parliament) Parole evidence Participate in government
Particular words (INTERPRETATION) Parties Parties Parties (PRACTICE AND PROCEDURE)
PARTNERSHIP Party and party Party not blamed in any way by judgment (BILL OF COSTS) 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 Peace Penal provisions (INTERPRETATION)
Penalty clause PENALTY CLAUSE See CONTRACT (Penalty) Penalty provision in statute – effect (Sentence; Statutory) Pension
Pension benefits PENSIONS Peremption Performance
Period of prescription Personal right in respect of immovable property Personhood 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) Possession protected by spoliatory remedies
Postponement Postponement Postponement (Appeal) Postponement See CRIMINAL PROCEDURE (Remand)
POSTS AND TELECOMMUNICATIONS Power of attorney (Appeal) Power of court Power to act
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)
Prerogative orders 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
Privileged occasion Probate and Administration Procedure Procedure and practice of the High Court in enforcing the constitutional bill of rights
Proceedings brought on review Proceedings by and against Proceedings by and against a close corporation 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 Prosecution of
Prosecutor PROSECUTOR See CRIMINAL PROCEDURE (Prosecutor) 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 Rights
Public servant PUBLIC SERVICE Public violence (Sentence) Publication of company's name
Purchase and sale


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 interviews
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 Quantity surveyor


R RAILWAYS Rape Rape (Sentence)
Rate of interest Reasonable expectation doctrine Reasons for decision Receipt of money
Receive information Receiving stolen property knowing it to have been stolen v Recent possession (EVIDENCE) Record
Record Record (PRACTICE AND PROCEDURE) Record of Appeal (Civil Practice) Rectification
Referendum Referral of matter to Reform of law Refugees
Refusal to employ Regional Commissioners 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 Religion Remand Remedies
Remittal Remuneration Rent Board Representation
Requirement that a memorandum of appeal be accompanied by a copy of the order appealed against Requirements Requirements Requirements for interdict
Requirements to establish claim (PASSING OFF) Res judicata Res litigiosa Res litigiosa (SALE)
Rescission of judgment Reserve Bank Rest and leisure Restraining a party from disposing of assets of a marriage
Restraint of trade Retrenchment Retrospective criminalisation Retrospectivity
Review See REVIEW Reviewable decision Revocation of appointed administrator of estate of deceased Revocation of will
Right of Right of first refusal or pre-emption See SALE (Option) Right of reply Right of reply (DEFAMATION)
Right to property Right to property protection against deprivation of property without fair compensation 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 83 requiring appellant to institute appeal within 60 days of filing notice of Appeal (TZ) Rule of law Rules of court Rules of court – departure from (PRACTICE AND PROCEDURE)
Rural district council


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 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 SADC Treaty Salaries and wages SALE
Sale in execution See PRACTICE AND PROCEDURE (Execution – sale). Sale of land Sale of land (Company) Sale See SALE
Sales tax Sales tax Salvage lien and improvement lien Sanctions
Scale of costs Schedules to an enactment Scheme (TOWN AND COUNTRY PLANNING) School rules
SCHOOL See EDUCATION (School). Screening committee Search (CRIMINAL PROCEDURE) Second appeal
Sectional title Securities Securities for advances Security
Security Security of the person Segregation and apartheid Seizure (CUSTOMS AND EXCISE)
Seizure of articles Self-determination Sentence (PRISONS) Sentence See CRIMINAL PROCEDURE SENTENCE General Principles
Separation of powers Sequestration Serious or gross violations Servant wrongfully dismissed
Servitude Set-down Set-down (PRACTICE AND PROCEDURE) Setting aside award
Severability Sexual and reproductive health Sexual cases (EVIDENCE) Sexual Offences Act [Chapter 9:12]
Sexual Offences Act [Chapter 9:21] (Sentence) Sexual violence and exploitation Shareholder Shares
Sheriff and his deputies Shona system of succession Signatory Signature
Similar fact evidence Single witness Slander (Defamation, TORT) Slavery
Small claims court Small claims court (Review) Social assistance services (welfare) Sodomy
Sodomy (Sentence) Sovereign immunity Specific performance 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
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 execution pending appeal 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
Subjects of human rights Subletting of contract Submissions by parties to appeal Subordination agreement
Subrogations Substantive rights Substituted security Successful party
Succession SUCCESSION Summary dismissal Summary judgment
Supreme Court See SUPREME COURT Surety – liability of SURETYSHIP Suretyship See SURETYSHIP
Suspended sentence Suspension of employee Suspensive condition


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 Tacit contract Tacit universal partnership Taxation
Taxation Taxation (Review) Taxes Tenant
Tender Tender award Tender board Term
Termination Termination of employment Termination of service Terms and Conditions
Testator (SUCCESSION) The Right to personal liberty Theft Theft (Sentence)
Theories of purpose of punishment Time - reckoning of (PRACTICE AND PROCEDURE) TORT Tortfeasors
Torture cruel inhuman or degrading treatment 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


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 Ultra vires Doctrine 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


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 Validity Validity (Appeal) 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
Violence Voluntary association VOLUNTARY ASSOCIATIONS See ASSOCIATIONS. Vote
Voter Voters roll


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 Wage Wages and salaries Waiver
Waiver WAIVER Waiver of rights by a party Waiver See WAIVER
What constitutes What constitutes What constitutes contempt of court 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 WILL Will See also WILL Will See WILL
Winding up Winding up a close corporation Withdrawal Witness (CRIMINAL PROCEDURE)