HH 453-18 AMANDA GAYLE PETERS v MACDONALD PETERS

AMANDA GAYLE PETERS

versus

MACDONALD PETERS

 

 

HIGH COURT OF ZIMBABWE

CHIRAWU-MUGOMBA  J

HARARE, 2 August 2018

 

 

CHAMBER APPLICATION - for substituted service

 

S Kachere, for the plaintiff

 

            CHIRAWU-MUGOMBA J:  Over the years, this court has been inundated with applications for substituted service in matrimonial matters. In most instances, the plaintiff will claim that the whereabouts of the defendant are unknown and they thus seek an order to resort to other means of service of process. The most popular means is publication in a newspaper circulating within Zimbabwe.

             In this case, the plaintiff issued summons against the defendant on 6 July 2018 seeking:

  1. A decree of divorce
  2. Custody of the minor children and access by the defendant.
  3. That each party bears its own costs

            Service was attempted by the Sheriff at the last known address and the return of service was endorsed as follows:- ‘Attempted service. The defendant no longer stays at the given address’.

            On that basis, the plaintiff approached the court seeking an order for substituted service as follows;-

 

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2018