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Harare High Court

Artwell Mazango & Bethel Mazango & Fountain Investments (Private) Limited v Fay Veermak & Fatima Veronica Veermak & Sheriff of the High Court

HH 178-25

Case Details

Court
Harare High Court
Date
17 March 2025
Citation
HH 178-25
Neutral Citation
[2025] ZWHH 178
Outcome
unknown
Case Type
Application

Bench

Presiding
Munangati-Manongwa J
Full Bench
Munangati-Manongwa J
Areas of Law
property lawcivil procedure
Keywords
substituted servicepublication in newspaperHerald newspaperchamber applicationservice of processimmovable propertytransfer of property
Tags
substituted serviceimmovable propertychamber applicationservice of process
legislation
Statutes Cited
  • Constitution of Zimbabwe
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicants had established special circumstances warranting substituted service by publication in the Herald newspaper.","issue_type":"procedural","dispositive":"yes","related_facts":"The applicants' employee failed to locate the respondents at their last known address; the applicants sought to serve by publication in the Herald newspaper."}
  • {"issue_text":"Whether the applicants had complied with the requirements of rule 19 of the High Court Rules, particularly in showing why service could not be effected in any of the ways provided in rule 15 and in indicating the best manner in which service could be effected.","issue_type":"procedural","dispositive":"yes","related_facts":"The applicants had not shown why service could not be effected under rule 15; they had not indicated why publication in the Herald was the best manner of service."}
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background
Facts of the Case

Background

The applicants sought an order for substituted service by publication in the Herald newspaper of an application to compel transfer of immovable property. They alleged that the respondents could not be located at their last known address. The court found that the applicants had not established special circumstances or complied with rule 19 of the High Court Rules.
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