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Harare High Court
Simon Rudland v Timothy Trombas
HH 690-17
Case Details
Court
Harare High Court
Date
11 October 2017
Citation
HH 690-17
Neutral Citation
[2017] ZWHH 690
Outcome
unknown
Case Type
Trial
Bench
Presiding
Mangota J
Full Bench
Mangota J
Areas of Law
DelictCivil Procedure
Keywords
adulterycounter-claimclaim in reconventionconstitutional challengecommon law development
Tags
adultery damagescounter-claimconstitutional challenge
legislation
Statutes Cited
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- High Court Act
- High Court Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the defendant's counter-claim constituted a proper claim in reconvention with a valid cause of action against the plaintiff","issue_type":"procedural","dispositive":"yes","related_facts":"Defendant's counter-claim sought abolition of adultery delict rather than relief against plaintiff"}
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background
Facts of the Case
Background
The plaintiff sued the defendant for adultery damages. The defendant filed a plea and counter-claim seeking to have the common law delict of adultery declared unconstitutional and abolished. The plaintiff excepted to the counter-claim on the basis that it lacked a proper cause of action.
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