Make a claim through the Small Claims Court

 Recover Your Debt/Valuables Through Small Claims Court

Here is a 13-step procedure to recover your valuables.

Someone giving you a headache for not honoring their promise and you want to sue them? 

Zimbabwe's  justice system  makes it possible to claim back your valuables.

Any valuables – money, cars, rent and rates arrears, failure to fulfill a contract.

 Here is how. 

Step	🔵Main Procedure🔵	More info
1	Go to Small Claims Court and fill in a Letter of Demand which the courts provide.	Amounts claimed at Small claims Court are set from time to time.
2	Have the letter stamped. Serve the debtor the letter.	If debtor refuses to accept the letter, seek assistance of police.
3	After 7 days, if he does not pay you, go back to SCC and fill in 3 Summon Forms and an Affidavit which the clerk provides.
4	Serve the debtor.
5	Prepare proof that you served the debtor.
6	Gather proof of your claim. Receipts, letters, documents etc. Theymay be required in court for you to support your claim.
7	Attend court on the date specified on the summons together with evidence and 2 copies of Return of Service.
8	Collect judgment a day after attending court and serve debtor.
9	If debtor fails to pay, go back to court and fill in an imprisonment form and serve the debtor.	Judgement gives the timeframe within which the debtor must settle the claim.
10	Prepare proof that you served the debtor.
11	Attend court with return of service.
12	After court hearing, leave your contact details with the Clerk of Court and Messenger of Court.
13	The police will imprison the debtor until debt is paid. Maximum imprisonment period is 3 months
	0772 433 215

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Evicting a tenant

Here is the procedure on how to evict a tenant

This procedure is according to the Rent Regulations, Statutory Instrument 30 of 2007.

Stage	🔵Procedure🔵	Your Notes
1	The issue of evicting a lodger/tenant is covered by Statutory Instrument 32 Rent regulations 2007.
2	The Rent Board is not allowed to issue a certificate of ejectment if the lodger is paying rent consistently by the 7th of each month.
3	The Rent Board is allowed to issue a certificate to evict a lodger from a dwelling if the the landlord can prove any of the  following 🌐 1. that the lodger is damaging the dwelling,  2. is found guilty of an action which is likely to cause or threaten the safety of other occupiers or neighbors 3.has been given 3 months’ notice in writing to vacate the dwelling. The notice must state a reason. 4. if the Rent Board has been satisfied that your reason is satisfactory and 3 months’ notice has been served.
4	You must establish the reason for wanting to evict the lodger. Failure to pay rent is not a valid reason for evicting a person.
5	Ensure you prepare the notice  1] in the form of a letter  2] write the name of the lodger to be evicted 3] state date by which lodger should have left 4] reason for claiming the dwelling. [if it is renovations, date of commencement and finishing the renovations]
6	Ensure that you deliver the notice letter in person. If the notice is not delivered by yourself, the lodger has a right to disregard it and dispute its validity at law.
7	Ensure that you serve the lodger the notice and ask them to sign your copy.
8	If after 3 months the lodger has not moved out, approach the Rent Board. The purpose of the Rent Board is to determine the matter brought before the Board. It issues a certificate after deliberating the matter.
9	When you go to report your case , you will be given an application form to fill in. Filll in 3 copies and have them stamped and given a case number.
10	In the event that you are out of Zimbabwe, you may appoint a person to represent you by writing a letter to the Rent Board stating the name, address and ID number of the representative, the reasons of your inability to attend the hearing.
11	Ensure that you serve the lodger with a copy of the application for eviction.  If you think your matter has complex details, you may lay out the facts on an affidavit, have it commissioned and attach it to the application so that the matter is clear to everyone concerned. Take note of the date of hearing. The application must reach the lodger before 14 days from the day of hearing
12	The board shall hear the matter and determine. If the Board decides to bring/summon a witness to come and testify in the matter, the Board shall issue a summon and give you the copy to serve that person being called to give evidence.
13	After you have served the person with a copy, ensure that you make a return of service, which is proof and confirmation that indeed you did serve the summon on the person, and take it and file it at the rent Board.
14	If you win the matter, you will be granted the certificate stating the date by which the lodger should vacate the dwelling. The lodger will also be given the certificate advising them to vacate.
15	You may make an application for a certificate to recover your costs if you feel that the lodger wasted your time and resources.
16	If you do not win the case and you want to appeal. You must within 14 days from the day you were given the Board’s determination, in writing request for the report containg reasons for the loss.Your request must be accompanied by a fee charged by the Rent Board.
17	If you want to appeal against the determination, you must 1[ Within 14 days from the date you received  the report 2] or within 30 days of the notification of the determaination 3] or within the timeframe granted to you by the President of the Adminstatrtive Court .  You must file a notice for an appeal at the Rent Board. Prepare 4 copies of the Appeal together with a stipulated fee.
18	The Rent Board will within 7 days forward the appeal to the Adminstrative court
19	The Registrar of the Administrative court will set a date for hearing the appeal
20	Copies of the notice of the date of hearing will be served by the deputy sheriff of the High Court to the debtor. That may mean a cost on your part.
21	The Administrative Court will hear the matter and confirm, vary or reverse the Decision of the Rent Board and its verdict is final.
22	In the event that the lodger refuses to vacate your dwelling as per certificate granted, you may proceed to the Civil Magistrates Court to enforce the judgement. You may also engage a lawyer to prepare and file papers for you at the Court.
23	Application forms, affidavits are available at our offices. Get in touch with us.   0772 433 215.    | pggumbu@gmail.com

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Have a great day🍏🍎🔊

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