PART II MARITIME AND MERCANTILE LAW 2 English law to prevail in Maritime cases In all questions relating to maritime and shipping law in respect of which the High Court has jurisdiction, the law of Zimbabwe shall be the same as the law of England, so far as the law of England is not repugnant to, or inconsistent with, any enactment. 3 English law to prevail in cases of assurance, stoppage in transitu and bills of lading (1) Subject to subsection (2), in any suit, action or cause having reference to questions of fire, life or marine assurance, stoppage in transitu or 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 of 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. [Subsection as amended by section 13 of Act 3 of 2004] (2) Subsection (1) shall not apply in relation to any contract of fire, life or marine insurance entered into on or after the date of commencement of the Insurance Amendment Act, 2004. [Subsection inserted by section 13 of Act 3 of 2004] 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 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 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. 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. 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.