AMANDA GAYLE PETERS
HIGH COURT OF ZIMBABWE
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:
- A decree of divorce
- Custody of the minor children and access by the defendant.
- 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;-