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Procedure — Rules of High Court — Rule 37 (2) — service of summons — at place of residence — defendant having two residences in different towns, though not continually resident in either — service of summons adequate if made at one such residence.
A summons was served on the 22nd July, 1982 by handing it to his domestic servant at his house in Chegutu, although the applicant did not become aware of the summons until the 23rd September when he called there. His usual place of residence was Harare and his residence in Chegutu was intermittent. In the meantime, default judgment had been entered against him. He sought to have the judgment set aside on the grounds that the service of the summons was bad, not having been served at his residence or place of business or employment.
Held, that in order to constitute residence, physical presence is required, though such presence need be no more than intermittent. It is, therefore, possible for a person to have more than one place of residence. The service of the summons was accordingly good.
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