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Harare High Court
Francis Tendayi Vivian Tarumbwa v Tinny Tarumbwa (nee Musuka)
HH 19-2007
Case Details
Court
Harare High Court
Date
4 April 2007
Citation
HH 19-2007
Neutral Citation
[2007] ZWHH 19
Outcome
unknown
Case Type
Application
Bench
Presiding
MAKONI J
Full Bench
MAKONI J
Areas of Law
Family LawCivil Procedure
Keywords
divorcedefault judgmentrule 272form 30Anotice to plead
Tags
divorcematrimonial proceedingsdefault judgmentnotice to plead
legislation
Statutes Cited
- High Court Rules, Rule 272
- High Court Rules, Rule 269A
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a Notice to Plead in terms of Rule 272(1)(b) is necessary before granting default judgment in a divorce action where the defendant failed to enter appearance to defend","issue_type":"procedural","dispositive":"yes","related_facts":"Defendant failed to enter appearance; summons served in Form 30A"}
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background
Facts of the Case
Background
The plaintiff issued divorce summons on 17 October 2006. The defendant was personally served on 20 October 2006 but failed to enter appearance to defend. The matter was set down on the unopposed roll. The court directed that the defendant be served with a Notice to Plead in terms of Rule 272(1)(b), but the plaintiff's counsel contended this was unnecessary as the defendant had been served with Form 30A summons.
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