Mugari (Nee Tapfuma) v Mugari (689 of 2022) [2022] ZWHHC 689 (12 October 2022)

Mugari (Nee Tapfuma) v Mugari (689 of 2022) [2022] ZWHHC 689 (12 October 2022)

Substituted service is not justified as the applicant has not exhausted all avenues for personal service and there is evidence of ongoing communication between the parties, making personal service possible.

Citation
[2022] ZWHHC 689
Parties
Applicant: Sharon Mugari (nee Tapfuma); Respondent: Clifford Mugari
Court
Harare High Court
Jurisdiction
Zimbabwe
Judgment Date
12 October 2022
Case Number
689 of 2022
Procedural Posture
Chamber Application Substituted Service / Ruling on Application for Substituted Service
Outcome
Application dismissed
Legal Topics
Substituted Service, Civil Imprisonment, Personal Service
Source Language
English
Civil Procedure Substituted Service Civil Imprisonment Personal Service

Case Brief

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Parties

Sharon Mugari (nee Tapfuma)

Applicant

Clifford Mugari

Respondent

Procedural Posture

Chamber Application Substituted Service / Ruling on Application for Substituted Service

Legal Issues

  1. 1 Whether substituted service should be granted for summons for civil imprisonment where personal service has not been effected

Ratio Decidendi

Substituted service is not justified as the applicant has not exhausted all avenues for personal service and there is evidence of ongoing communication between the parties, making personal service possible.

Court Disposition

Application dismissed

Orders

  • Application for substituted service is dismissed.