Mildred Siphiwe Manyimo (nee Magorimbo) v Energy Lincoln Chivaraido Manyimo and The Registrar of the High Court and The Sheriff of Zimbabwe N.O.

HH 67-17

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Case Details

Court

Harare High Court

Date

2 February 2017

Citation

HH 67-17

Neutral Citation

[2017] ZWHH 67

Outcome

unknown

Case Type

Application

Bench

Presiding

MWAYERA J

Full Bench

MWAYERA J

Areas of Law

Family LawCivil Procedure

Keywords

divorce consent orderspecific performanceproperty salenon-complianceexecution

Key Issues

{"issue_text":"Whether an application to compel compliance with a consent order is competent at law","issue_type":"procedural","dispositive":"no","related_facts":"Consent order partially complied with, two properties unsold"}
{"issue_text":"Whether there was material non-disclosure of facts","issue_type":"procedural","dispositive":"no","related_facts":"Respondent alleged non-disclosure"}
{"issue_text":"Whether there were material disputes of fact requiring oral evidence","issue_type":"procedural","dispositive":"no","related_facts":"Respondent claimed disputes of fact existed"}
{"issue_text":"Whether respondent should be compelled to facilitate sale of remaining properties","issue_type":"mixed","dispositive":"yes","related_facts":"Two properties unsold, respondent not cooperating"}

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background

Facts of the Case

Background

The applicant sought an order compelling the respondent to comply with a divorce consent order issued on 1 April 2014 which required the sale and equal division of proceeds of two immovable properties. The respondent had partially complied by sharing one property but failed to facilitate the sale of the remaining two properties.

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