Esther Ngaru v Livingstone Kusano

HH 265-21

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Case Details

Court

Harare High Court

Date

28 May 2021

Citation

HH 265-21

Neutral Citation

[2021] ZWHH 265

Outcome

unknown

Case Type

Application

Bench

Presiding

Muzofa J

Full Bench

Muzofa J

Areas of Law

Family lawCustomary lawCivil procedure

Keywords

Tacit universal partnershipUnjust enrichmentPrescriptionCustomary law union

Key Issues

{"issue_text":"Whether prescription applies to a claim based on tacit universal partnership and unjust enrichment arising from a terminated customary law union","issue_type":"law","dispositive":"yes","related_facts":"Plaintiff pleaded general law concepts; parties were in customary law union"}

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background

Facts of the Case

Background

The plaintiff and defendant lived together in an unregistered customary law union from 1982 until 2010 when the union was terminated. During their relationship they acquired both movable and immovable property. The plaintiff initially approached the community court for division of property and was awarded an immovable property by consent, but this order was later set aside by the High Court in 2020. The plaintiff then issued summons in October 2020 seeking division of immovable property based on tacit universal partnership or unjust enrichment. The defendant raised a special plea that the claim was prescribed.

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