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Harare High Court
Getrude Mupazviriwo v Blessed Kubeta
HH 227/2013
Case Details
Court
Harare High Court
Date
25 July 2013
Citation
HH 227/2013
Neutral Citation
[2013] ZWHH 227
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Mawadze J
Full Bench
Makoni JMawadze J
Areas of Law
Family LawDelict
Keywords
breach of promise to marrycontumeliadamagesabsolution from the instancejurisdiction
Tags
breach of promise to marrycontumeliadamagesmagistrates court appeal
legislation
Statutes Cited
- Magistrates Court (Civil) Rules 1980
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the magistrate erred in granting absolution from the instance in a breach of promise to marry claim","issue_type":"law","dispositive":"yes","related_facts":"Appellant's claim of promise to marry and respondent's denial"}
- {"issue_text":"Whether the court a quo had jurisdiction to hear the matter given the monetary limits","issue_type":"procedural","dispositive":"no","related_facts":"Total claim of US$3000 vs magistrates court jurisdiction of US$2000"}
- {"issue_text":"Whether breach of promise to marry and contumelia constitute separate causes of action","issue_type":"law","dispositive":"no","related_facts":"Appellant's separate claims for US$2000 and US$1000"}
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background
Facts of the Case
Background
The appellant, a female teacher, claimed damages against the respondent, a male teacher at the same school, for breach of promise to marry and contumelia. Both parties taught at Nzvimbo Primary School. The appellant alleged that after her "husband" deserted her, the respondent proposed love and promised to marry her, which promise he later breached. The respondent denied any love relationship or promise to marry.
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