Akindele Popoola Akinjide-Obonyo v Clever Mandizvidza N.O. (Estate Late Millicent Tutsimane Tandile Akinjide-Obonyo) and Innocent Gonese N.O. and Lathizile Nondaba Akinjide-Obinyo

HH 34-23

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Case Details

Court

Harare High Court

Date

19 January 2023

Citation

HH 34-23

Neutral Citation

[2023] ZWHH 34

Outcome

unknown

Case Type

Application

Bench

Presiding

Chinamora J

Full Bench

Chinamora J

Areas of Law

Family LawCivil Procedure

Keywords

rescissionconsent orderdivorce decreerule 449absence of party

Key Issues

{"issue_text":"Whether the applicant satisfies requirements of rule 449 (1) (a) for rescission of consent order","issue_type":"procedural","dispositive":"yes","related_facts":"Consent order granted with applicant represented by counsel; applicant admitted divorce date in previous affidavit"}

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background

Facts of the Case

Background

The applicant sought rescission of a consent divorce order granted in 2002, claiming it was erroneously granted in his absence. He discovered the order's existence in 2020 during estate administration meetings after his wife's death. The respondents opposed, arguing the applicant was represented by counsel when the order was granted.

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