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Harare High Court

Elizabeth Manhenga v Andrew Whinya

HH 682-18

Case Details

Court
Harare High Court
Date
22 October 2018
Citation
HH 682-18
Neutral Citation
[2018] ZWHH 682
Outcome
unknown
Case Type
Application

Bench

Presiding
Munangati-Manongwa J
Full Bench
Munangati-Manongwa J
Areas of Law
Family lawCivil procedure
Keywords
Rule 236(4)Want of prosecutionCondonationLate appealProperty division
Tags
Property sharingCustomary marriageCondonationWant of prosecution
legislation
Statutes Cited
  • High Court Rules, 1971
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether respondent's condonation application should be dismissed for want of prosecution under r 236(4)","issue_type":"procedural","dispositive":"yes","related_facts":"11-month delay after filing answering affidavit"}
  • {"issue_text":"Whether respondent showed good cause why application should not be dismissed","issue_type":"procedural","dispositive":"yes","related_facts":"Blame attributed to registrar and applicant"}
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background
Facts of the Case

Background

The applicant and respondent, formerly customarily married, obtained a property sharing judgment in HC3348/14. The respondent failed to appeal within time and filed a condonation application on 19 April 2017, which he failed to prosecute for over a year, prompting the applicant to seek dismissal for want of prosecution.
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