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Harare High Court

Amanda Gayle Peters v Macdonald Peters

HH 453-18

Case Details

Court
Harare High Court
Date
2 August 2018
Citation
HH 453-18
Neutral Citation
[2018] ZWHH 453
Outcome
unknown
Case Type
Application

Bench

Presiding
CHIRAWU-MUGOMBA J
Full Bench
CHIRAWU-MUGOMBA J
Areas of Law
Family LawCivil Procedure
Keywords
substituted servicematrimonial mattersdivorcepersonal servicejurisdiction
Tags
substituted servicematrimonial mattersdivorce proceedings
legislation
Statutes Cited
  • Matrimonial Causes Act
  • High Court Rules, 1971
  • High Court Rules, 1971
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the application for substituted service should be granted given the defective declaration and failure to comply with procedural requirements","issue_type":"procedural","dispositive":"yes","related_facts":"Plaintiff's declaration does not establish jurisdiction; failure to attach shortened form of summons; inconsistency in relief sought"}
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background
Facts of the Case

Background

The plaintiff issued summons against the defendant on 6 July 2018 seeking a decree of divorce, custody of minor children, and that each party bears its own costs. Service was attempted by the Sheriff at the last known address but the defendant no longer stayed there. The plaintiff then applied for substituted service by publication in The Herald newspaper.
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