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Harare High Court
Goliath Manjala v Sikhangezile Nkala Maposa
HH 171-13
Case Details
Court
Harare High Court
Date
6 June 2013
Citation
HH 171-13
Neutral Citation
[2013] ZWHH 171
Outcome
unknown
Case Type
Trial
Bench
Presiding
CHITAKUNYE J
Full Bench
CHITAKUNYE J
Areas of Law
Family LawProperty Law
Keywords
Nullity of marriageMatrimonial propertyEquitable distributionPutative marriage
Tags
Matrimonial property distributionNullity of marriageSection 7 Matrimonial Causes Act
legislation
Statutes Cited
- Matrimonial Causes Act
- Matrimonial Causes Act
- African Marriages Act (original)
- Marriages Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether section 7 of Matrimonial Causes Act applies to nullified marriages","issue_type":"law","dispositive":"no","related_facts":"Marriage declared nullity 2011-10-19"}
- {"issue_text":"Whether House 3A Helena Road is matrimonial property subject to distribution","issue_type":"mixed","dispositive":"yes","related_facts":"Property registered in joint names, acquired during putative marriage"}
- {"issue_text":"What percentage share is defendant entitled to in House 3A Helena Road","issue_type":"mixed","dispositive":"yes","related_facts":"Defendant was primary funder, plaintiff acted deceitfully"}
- {"issue_text":"Whether plaintiff is entitled to share in House 13 Neasden Avenue","issue_type":"mixed","dispositive":"yes","related_facts":"Property registered in defendant's name, acquired before marriage"}
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background
Facts of the Case
Background
The plaintiff and defendant were married under African Marriages Act in 1989. In 2011 the marriage was declared a nullity because plaintiff was already married to two other women under the monogamous Marriages Act. The court had to determine equitable distribution of properties acquired during the subsistence of the putative marriage.
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