Pedzisayi Miriam Lilliet Garwe v Daniel Garwe

HH 641-18

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Case Details

Court

Harare High Court

Date

11 October 2018

Citation

HH 641-18

Neutral Citation

[2018] ZWHH 641

Outcome

unknown

Case Type

Application

Bench

Presiding

CHIRAWU-MUGOMBA J

Full Bench

CHIRAWU-MUGOMBA J

Areas of Law

Family LawCivil Procedure

Keywords

contempt of courtwilful disobediencemala fidecourt order compliancefactum praestandum

Key Issues

{"issue_text":"Whether the respondent is in contempt of court for failing to comply with order HC 4882/18","issue_type":"mixed","dispositive":"yes","related_facts":"Failure to return assets, commercial arrangements, campaigning activities"}
{"issue_text":"Whether the respondent's explanation for non-compliance is reasonable","issue_type":"fact","dispositive":"yes","related_facts":"Assets with third parties, commercial arrangements, parliamentary campaign"}

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Facts of the Case

Background

The applicant sought an order declaring the respondent in contempt of court for failing to comply with a previous court order (HC 4882/18) that interdicted him from removing or disposing of family assets and required him to return specified assets forthwith. The respondent failed to return assets from Sebakwe Range farm and a property in Greendale, claiming the assets were with third parties under commercial arrangements and that he was campaigning for a parliamentary seat.

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