Sharon Mugari (nee Tapfuma) v Clifford Mugari

HH 689-22

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Case Details

Court

Harare High Court

Date

12 October 2022

Citation

HH 689-22

Neutral Citation

[2022] ZWHH 689

Outcome

unknown

Case Type

Application

Bench

Presiding

Maxwell J

Full Bench

Maxwell J

Areas of Law

Family LawCivil Procedure

Keywords

consent papercivil imprisonmentsubstituted servicepersonal servicerule 15(12)rule 19

Key Issues

{"issue_text":"Whether substituted service of civil imprisonment summons should be permitted where personal service has not been effected","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant unable to serve respondent personally at workplace; parties involved in separate litigation"}

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background

Facts of the Case

Background

Parties signed a consent paper in divorce proceedings whereby respondent agreed to pay applicant USD1200 within 12 months. A decree of divorce was granted incorporating the consent paper. Respondent failed to pay, applicant issued civil imprisonment summons but could not personally serve respondent at his workplace. Applicant sought substituted service at workplace and respondent's lawyers in another matter.

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