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Harare High Court
Jane Mapenzauswa v Tayengwa Dugmore Muskwe and Master of the High Court and Director of Housing and Community Services and Tanita Katsenga
HH 48-2008
Case Details
Court
Harare High Court
Date
18 June 2008
Citation
HH 48-2008
Neutral Citation
[2008] ZWHH 48
Outcome
unknown
Case Type
Application
Bench
Presiding
Kudya J
Full Bench
Kudya J
Areas of Law
Family LawSuccession Law
Keywords
will validitysubsequent marriagetestatorcivil marriagecustomary marriage
Tags
SuccessionWillsMarriage
legislation
Statutes Cited
- Wills Act
- Wills Act
- Wills Act
- Customary Marriages Act
- Administration of Estates Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the civil marriage contracted after execution of the will invalidated the will under s 16(1) of the Wills Act","issue_type":"law","dispositive":"yes","related_facts":"Will executed 26 October 2000; civil marriage 21 April 2001"}
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background
Facts of the Case
Background
The applicant, widow of the late Abisha Mapenzauswa, challenged the validity of her late husband's will executed on 26 October 2000, arguing it became void when they contracted a civil marriage on 21 April 2001. The will left 95% of the immovable property to the deceased's children and only 5% to the applicant, whom the testator referred to as "my surviving wife" despite not being married at the time.
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