THE BENATAR CHILDREN'S TRUST v ROBERT DANIEL BENATAR

HH 124-17

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Case Details

Court

Harare High Court

Date

2 March 2017

Citation

HH 124-17

Neutral Citation

[2017] ZWHH 124

Outcome

unknown

Case Type

Trial

Bench

Presiding

CHITAKUNYE J

Full Bench

CHITAKUNYE J

Areas of Law

Family LawTrust LawCivil Procedure

Keywords

Trust formationMaintenance obligationsConsent orderCourt order complianceLocus standi

Key Issues

{"issue_text":"Does a trust have locus standi to sue in its own name?","issue_type":"procedural","dispositive":"no","related_facts":"Trust formed pursuant to court order, suing in own name"}
{"issue_text":"Is defendant bound by court order despite claiming he wasn't served?","issue_type":"law","dispositive":"yes","related_facts":"Defendant became aware of order but wasn't formally served"}
{"issue_text":"Must defendant pay USD3,000 monthly from 31 August 2011 despite trust forming later?","issue_type":"mixed","dispositive":"yes","related_facts":"Agreement specified 31 August 2011 start date, trust formed November 2011"}

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background

Facts of the Case

Background

The plaintiff trust was formed pursuant to an addendum to a consent order in divorce proceedings requiring defendant to pay USD3,000 monthly into the trust for children's benefit. Defendant failed to make payments despite the addendum being made a court order, claiming he had resiled from the agreement and was not properly served.

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