TAPIWA MARK CHIMOMBE versus AUDREY RUNGANO CHIMOMBE (NEE MAGUME)

HH 65-21

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Case Details

Court

Harare High Court

Date

18 February 2021

Citation

HH 65-21

Neutral Citation

[2021] ZWHH 65

Outcome

unknown

Case Type

Special Plea

Bench

Presiding

MANZUNZU J

Full Bench

MANZUNZU J

Areas of Law

Civil ProcedureFamily LawDivorce

Keywords

Special pleaPoint in limineLis alibi pendensEvidence requirementDivorce action

Key Issues

{"issue_text":"Whether a special plea can be disposed of on pleadings and heads of argument without oral evidence","issue_type":"procedural","dispositive":"yes","related_facts":"The defendant's procedure in setting down the special plea without evidence"}
{"issue_text":"Whether the parties are in agreement on the facts surrounding the pending litigation","issue_type":"mixed","dispositive":"yes","related_facts":"The existence of pending litigation and the effect of plaintiff's withdrawal"}
{"issue_text":"Whether the defendant's counterclaim in HC 1271/19 affects the second divorce action","issue_type":"procedural","dispositive":"no","related_facts":"The pending counterclaim and lis alibi pendens plea"}

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background

Facts of the Case

Background

The parties are married under the Marriage Act. The plaintiff instituted divorce proceedings in February 2019 (HC 1271/19), which he later withdrew in May 2019. The defendant did not withdraw her counterclaim. The plaintiff filed a second divorce action in February 2020 (HC 950/20), to which the defendant filed a special plea of lis alibi pendens. The plaintiff challenged the procedure, arguing evidence should be led.

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