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Supreme Court
Anna-Mercy Munangatire v Noreen Chikaka (in her capacity as Executrix of the Estate of the Late Samuel Dick Munangatire) & 2 Ors
[2020] ZWSC 143
Case Details
Court
Supreme Court
Date
26 October 2020
Citation
[2020] ZWSC 143
Judgment No.
SC 143/20
Outcome
unknown
Case Type
Appeal
Bench
Presiding
GARWE JA
Author
GUVAVA JA
Full Bench
GARWE JAPATEL JAGUVAVA JA
Areas of Law
Succession LawFamily Law
Keywords
matrimonial homesurviving spouses 3A Deceased Estates Succession Actlived immediately beforeintestate succession
Tags
matrimonial homeintestate successionsurviving spouseDeceased Estates Succession Act
legislation
Statutes Cited
- Deceased Estates Succession Act
- Deceased Estates Succession Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether a spouse who had not lived in the matrimonial home for over 20 years could inherit it under s 3A of the Deceased Estates Succession Act","issue_type":"mixed","dispositive":"yes","related_facts":"Appellant had not lived in home for 20+ years; had settled in UK; instituted divorce proceedings"}
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background
Facts of the Case
Background
The appellant, married to the deceased since 1970, left Zimbabwe in 1998 while divorce proceedings were pending. The deceased died intestate in 2012. The appellant claimed the matrimonial home under s 3A of the Deceased Estates Succession Act, having not lived there for over 20 years.
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