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Harare High Court
Chamunorwa C. Mutyambizi v Jose Maselino Goncalves & Anor. and The Sheriff of Zimbabwe N.O.
HH 345/13
Case Details
Court
Harare High Court
Date
9 October 2013
Citation
HH 345/13
Neutral Citation
[2013] ZWHH 345
Outcome
unknown
Case Type
Application
Bench
Presiding
Dube J
Full Bench
Dube J
Areas of Law
Civil ProcedureContempt of Court
Keywords
contempt of courtpersonal serviceOrder 5 r 39(1)civil imprisonmentliberty of person
Tags
contempt of courtservice of processpersonal servicecivil imprisonment
legislation
Statutes Cited
- High Court Rules, Order 5
- High Court Rules, Order 5
- High Court Rules, Order 43
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether contempt of court application seeking imprisonment requires personal service on respondent","issue_type":"procedural","dispositive":"yes","related_facts":"Application sought 60 days imprisonment; service was on legal practitioners"}
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background
Facts of the Case
Background
Applicant sought contempt of court order against 1st respondent for allegedly defying previous court orders. The application was served on respondent's legal practitioners rather than personally on respondent. Court found improper service where imprisonment is sought.
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