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Harare High Court
James Samabawamedza v Linda Chiyangwa
HH 277-11
Case Details
Court
Harare High Court
Date
23 November 2011
Citation
HH 277-11
Neutral Citation
[2011] ZWHH 277
Outcome
unknown
Case Type
Application
Bench
Presiding
GOWORA J
Full Bench
GOWORA J
Areas of Law
Family lawCivil procedure
Keywords
Divorce rescissionDefault judgmentMatrimonial property
Tags
DivorceRescission of judgmentDefault judgment
legislation
Statutes Cited
- Matrimonial Causes Act
- High Court Rules
- Maintenance Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a decree of divorce is capable of rescission","issue_type":"law","dispositive":"yes","related_facts":"Default judgment granted in 2006, application for rescission in 2007"}
- {"issue_text":"Whether the court has power to partially rescind a divorce order","issue_type":"law","dispositive":"yes","related_facts":"Applicant seeks only proprietary aspects set aside"}
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background
Facts of the Case
Background
The applicant sought rescission of a default divorce decree granted on 2 November 2006, claiming he was unaware his legal practitioners had renounced agency in February 2005. He accepted the marriage had irretrievably broken down but contested the proprietary aspects of the order.
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