Aaron Nyarugwe v Dharwizi Transport (Private) Limited

LC/H/93/23

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Case Details

Court

Harare High Court

Date

23 October 2023

Citation

LC/H/93/23

Outcome

unknown

Case Type

Application

Bench

Presiding

MWAYERA J

Full Bench

MWAYERA J

Areas of Law

Family LawContract LawCustomary Law

Keywords

Customary union terminationDeed of settlement registrationMaintenance obligationsMaterial disputes of factImpossibility of performance

Key Issues

[ISSUES] - issue_text: Whether the Deed of Settlement can be incorporated as an order of the court issue_type: law related_facts: Agreement terms, parties' consent, enforceability dispositive: yes - issue_text: Whether the parties are ad idem on the terms of the Deed of Settlement issue_type: fact related_facts: Divergent views on maintenance and proprietary rights dispositive: yes - issue_text: Whether material disputes of fact exist that require further evidence issue_type: fact related_facts: Disputes over maintenance quantum and property ownership dispositive: yes - issue_text: Whether impossibility of performance is a valid defense issue_type: mixed related_facts: Financial constraints, economic circumstances dispositive: no

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background

Facts of the Case

Background

Applicant and respondent were partners in an unregistered customary union with 3 minor children. After terminating their union in February 2013, they entered into a Deed of Settlement on 15 March 2013 regulating custody, access, maintenance, and proprietary rights. The applicant sought to register this deed as a court order for specific performance, but the respondent opposed on grounds of financial constraints and third-party ownership of property.

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