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Harare High Court
Charwadza Madzwawawa v Rosemary Vambe
HH 65-2012
Case Details
Court
Harare High Court
Date
23 February 2012
Citation
HH 65-2012
Neutral Citation
[2012] ZWHH 65
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Guvava J
Author
Mawadze J
Full Bench
Guvava JMawadze J
Areas of Law
Family LawProperty LawDomestic Violence
Keywords
domestic violenceprotection ordercustomary law unionmatrimonial propertyinterdict
Tags
domestic violencecustomary law unionproperty rightsprotection order
legislation
Statutes Cited
- Domestic Violence Act
- Magistrates Court Act
- High Court Act
- Matrimonial Causes Act
- Maintenance Act
- Labour Act
- Deeds Registries Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether an appeal lies against a judgment under the Domestic Violence Act which makes no provision for appeals","issue_type":"procedural","dispositive":"no","related_facts":"DVA silent on appeals, matter heard by magistrates court"}
- {"issue_text":"Whether the interdict against selling the house was properly granted under the DVA","issue_type":"mixed","dispositive":"yes","related_facts":"House registered in appellant's name, parties not legally married, respondent claims contributions"}
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background
Facts of the Case
Background
The parties entered into a customary law union in 2002 and have two children. The appellant owned house number 50 Banister Road Braeside, Harare, registered in his name since 1996. The respondent alleged she contributed to paying off the bond. The magistrates court granted a protection order interdicting the appellant from selling the house without consent. The appellant appealed.
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