Gertrude Sophia Hazvinei Makani (nee Zimondi) v Charles Makani

HH 467-17

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Case Details

Court

Harare High Court

Date

27 July 2017

Citation

HH 467-17

Neutral Citation

[2017] ZWHH 467

Outcome

unknown

Case Type

Application

Bench

Presiding

Chitakunye J

Full Bench

Chitakunye J

Areas of Law

Family LawCivil Procedure

Keywords

contempt of courtdivorce orderproperty transfermortgage bondenforcement

Key Issues

{"issue_text":"Whether the application for contempt of court is competent when the relief sought is compensation rather than enforcement of the original order","issue_type":"procedural","dispositive":"yes","related_facts":"The applicant seeks a property of equivalent value rather than transfer of the original property"}
{"issue_text":"Whether the respondent's failure to transfer was wilful and mala fide","issue_type":"mixed","dispositive":"no","related_facts":"Property was encumbered; applicant evicted tenants servicing the mortgage"}

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background

Facts of the Case

Background

The applicant and respondent were divorced in 2010 with a court order requiring transfer of Stand 1120 Prospect Township to the applicant within 60 days. The property was encumbered with a mortgage bond and transfer was never effected. The applicant brought contempt proceedings alleging the respondent acted fraudulently by offering an encumbered property and failing to transfer it.

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