ss 00– 00
GENERAL LAW AMENDMENT ACT
bills of lading, which is brought in the High Court or in any
other competent court of Zimbabwe, the law administered by
the High Court or Justice in England for the time being, so
far as the same is not repugnant to, or in conflict with, any
Act, shall be the law to be administered in Zimbabwe by the
Supreme Court, the High Court or other competent court.
Parliament of the United Kingdom after the 11th September,
1879.
5
Form of pleading, procedure and taking of
evidence not altered
Nothing in sections two and three shall have the effect of
altering the rules and forms of pleading and procedure, the
mode of taking evidence or the manner of hearing and trying
civil suits in force or in use in Zimbabwe, or the
4
British statutes passed after 11/9/1879 not to
apply
Nothing in sections two and three shall have the effect of
giving force within Zimbabwe to any statute passed by the
notarial practice of Zimbabwe, whether in regard to the suits,
actions and causes mentioned in section two or three or
otherwise, or in any way or modifying, altering or interfering
with the character or extent of the jurisdiction now exercised
by the several courts of Zimbabwe, or of imposing any duty
imposed or to be imposed in England for the purposes of the
revenue.
11 Repeal of law relating to prohibition of donations
between spouses
The rule of the common law relating to the prohibition of
contracts of donation between spouses is declared to be no
longer of any force.
6
Duties of marshal in Admiralty Court to be
performed by Sheriff in other courts
The several duties assigned by the Admiralty Branch of the
Supreme Court of Justice in England to the marshal of the
said court shall, in the case of shipping or maritime suits in
the High Court, be executed by the Sheriff of Zimbabwe or
his lawful deputy, or if any such suit or action is brought in a
magistrates court, then by the messenger or other duly
authorized officer of such court.
PART III
LAW OF CONTRACT
7
Leases not void through injury to property by
war, inundation or tempest
In the absence of any special stipulation to the contrary
contained in any contract of lease, no lease of land shall
become void or voidable, nor shall the rent accruing under
such lease be incapable of being recovered, on the ground
that the property leased has, through war or insurrection or
through inundation, tempest or such like unavoidable
misfortune, produced nothing, or on the ground that the
lessor himself has absolute need of the land or other property
leased.
8
Law of laesio enormis repealed
No contract shall be void or voidable by reason merely of
laesio enormis sustained by either of the parties to the
contract.
9
Certain laws relating to suretyship to cease to
have effect
The enactments of the Roman Law commonly known as
the Senatus Consultum Velleianum and the Authentica si
qua mulier which, before the 1st April, 1959, formed part of
the law of suretyship of Zimbabwe shall cease to be of any
force in Zimbabwe, and accordingly shall not apply with
respect to any contract, undertaking or transaction of
suretyship, guarantee, intercessio or indemnity made, given
or entered into on or after that date.
10 Amendment of law in respect of formalities
relating to donations
No contract of donation shall be invalid solely by reason of
the fact that it is not registered or notarially executed.
[Chapter 8:07]
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