Introduction
In a summons matter or action legal proceedings a defendant is required to enter an appearance to defend after he or she has been served with summons. In this article I look at the appearance to defend.
Understanding an appearance to defend
Court rules provide that when a defendant, that is the party being sued, receives summons from the plaintiff, that is the party that is suing, the defendant is required to enter an appearance to defend.
An appearance to defend is, in simple terms, a notice by the defendant showing his or her intention to defend the case and dispute or oppose the claim being made by the plaintiff against the defendant. The appearance to defend has to be entered within the period allowed at law and files at the court handling the matter.
Contents of an appearance to defend
There are forms specified by the court rules for the form and content of an appearance to defend. Such details include those explained below.
Form number
The form number is shown at the top of the form. The form to be used is prescribed in court rules.
Court rules
The court rule used for the appearance to defend is shown at the top of the appearance to defend form.
Name of court
This identifies the court, for example the High Court of Zimbabwe, Commercial Division, sitting at Harare.
Case number
This is shown to the right side of the name of court. The number is a unique reference that identifies the case.
Parties to the matter
This starts with the words “in the matter” and shows the full names of the plaintiff and defendant and their contact details, for example address and email.
Date, time and place
The date, time and place where the appearance was entered. For example, 215pm on Thursday 19 September 2024 at Harare. This information is entered physically by the court or electronically by the integrated electronic case management system (“IECMS”).
Date when summons were served
It is a requirement to include the day when the summons were served on the defendant. This is useful for purposes of determining if the appearance to defend was filed on time.
Date when appearance was prepared
The date the appearance to defend was prepared is included. The date of preparation might be earlier than the actual date of filing.
Signature
The signature of the defendant’s legal practitioners is required and is appended above the details of the law firm. The details of the law firm will include its name, address, phone numbers, email addresses.
Parties copied
The appearance to defend is copied to the Registrar of the High Court or Clerk of the Magistrate’s Court depending on the court handling the matter. It is also copied to the plaintiff and any other parties to the legal proceedings.
Failure to file an appearance to defend
According to court rules, failure by a defendant to file an appearance to defend within the allowed time results in the defendant being barred from the proceedings. In other words the defendant loses the right to defend himself or herself.
Conclusion
An appearance to defend or notice of appearance to defend is a legal document used in a summons matter or action legal proceedings. It has to comply with court rules as regards form, content and time within which it is filed.
Disclaimer
This simplified article is for general information purposes only and does not constitute the writer’s professional advice.
Godknows (GK) Hofisi, LLB(UNISA), B.Acc(UZ), Hons B.Compt (UNISA), CA(Z), ACCA (Business Valuations) MBA (EBS, Heriot- Watt, UK) is the Managing Partner of Hofisi & Partners Commercial Attorneys, chartered accountant, insolvency practitioner, registered tax accountant and advises on deals and transactions. He has extensive experience from industry and commerce and is a former World Bank staffer in the Resource Management Unit. He was recently appointed to sit on the Council of Estate Administrators in Zimbabwe. He writes in his personal capacity. He can be contacted on +263 772 246 900 or ghofisi@hofisilaw.com or gohofisi@gmail.com. Visit www//:hofisilaw.com for more articles.
