Getrude Mukondiwa v Pelagia Zimvumi and The Director of Pensions

HH 49-2006

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Case Details

Court

Harare High Court

Date

17 June 2006

Citation

HH 49-2006

Neutral Citation

[2006] ZWHH 49

Outcome

unknown

Case Type

Stated Case

Bench

Presiding

Hungwe J

Full Bench

Hungwe J

Areas of Law

Family LawMarriage LawPension Law

Keywords

customary marriagecivil marriagepolygamypension benefitssurviving spousemarriage validity

Key Issues

{"issue_text":"Whether the marriage by the plaintiff to the deceased Alexander is valid","issue_type":"law","dispositive":"yes","related_facts":"Plaintiff's 1987 Marriage Act marriage; Deceased's prior 1997 customary marriage"}
{"issue_text":"If the marriage is not valid, whether plaintiff is still entitled to claim benefits of a surviving spouse in terms of the Pensions and Other Benefits Act","issue_type":"law","dispositive":"yes","related_facts":"Invalidity of second marriage; Pension benefit entitlement"}

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background

Facts of the Case

Background

The plaintiff married the late Alexander Mukondiwa in 1987 under the Marriage Act, believing his prior customary marriage to the first defendant had been dissolved. The first defendant had married the deceased in 1997 under customary law. The court had to determine the validity of the plaintiff's marriage and her entitlement to pension benefits as surviving spouse.

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