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Harare High Court
Alec Rutendo Manjengwa v Veronica Manjengwa (Nee Chimboza)
HH 501-23
Case Details
Court
Harare High Court
Date
30 August 2023
Citation
HH 501-23
Neutral Citation
[2023] ZWHH 501
Outcome
unknown
Case Type
Application
Bench
Presiding
Maxwell J
Full Bench
Maxwell J
Areas of Law
Family LawCivil Procedure
Keywords
Rescission of judgmentDefault judgmentDivorceService of processPreliminary points
Tags
DivorceRescission of judgmentDefault judgmentProperty division
legislation
Statutes Cited
- High Court Rules, 2021
- High Court Rules, 2021
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the application was properly before the court given the wrong procedure adopted","issue_type":"procedural","dispositive":"no","related_facts":"Applicant cited Rule 29 but submissions applicable to Rule 27"}
- {"issue_text":"Whether applicant should have sought condonation for late filing","issue_type":"procedural","dispositive":"no","related_facts":"Application filed within month of becoming aware"}
- {"issue_text":"Whether new facts were improperly introduced in answering affidavit","issue_type":"procedural","dispositive":"yes","related_facts":"Paragraphs 5-9 of answering affidavit contained new issues"}
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background
Facts of the Case
Background
The applicant sought rescission of a default divorce judgment granted on 16 June 2022, claiming he was not properly served with notice of the pre-trial conference. The respondent raised preliminary points regarding procedure and late filing.
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