Lara Jane Duncan v Henri du Cladier de Curac

HH 167-18

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Case Details

Court

Harare High Court

Date

28 March 2018

Citation

HH 167-18

Neutral Citation

[2018] ZWHH 167

Outcome

unknown

Case Type

Application

Bench

Presiding

Ndewere J

Full Bench

Ndewere J

Areas of Law

Family LawCivil Procedure

Keywords

contempt of courtmaintenance ordertertiary educationlocus standijurisdiction

Key Issues

{"issue_text":"Does the applicant have locus standi to bring contempt proceedings?","issue_type":"procedural","dispositive":"no","related_facts":"Applicant was party to original divorce proceedings"}
{"issue_text":"Does the High Court have jurisdiction to enforce the maintenance order?","issue_type":"procedural","dispositive":"no","related_facts":"Order was registered in Maintenance Court"}
{"issue_text":"Is the respondent in contempt of court for failing to pay tertiary education fees?","issue_type":"mixed","dispositive":"yes","related_facts":"Order required payment \"if necessary\" for tertiary education; Tyler-Jane admitted after age 18"}

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background

Facts of the Case

Background

The applicant sought a declaratur that the respondent was in contempt of court for failing to pay tertiary education fees for their daughter Tyler-Jane as required by a 1999 divorce order. The respondent opposed, arguing the maintenance obligation terminated when Tyler-Jane turned 18 and that the order was unclear regarding tertiary education.

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