Jane Musindo and Augustine Tongai Kereke v Leocadia Kereke (Nee Muroiwa)

HMA 32-22

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Case Details

Court

Masvingo High Court

Date

8 June 2022

Citation

HMA 32-22

Neutral Citation

[2022] ZWHMA 32

Outcome

unknown

Case Type

Appeal

Bench

Presiding

Zisengwe J

Full Bench

Mawadze JZisengwe J

Areas of Law

Family LawProperty Law

Keywords

mistresssmall housematrimonial homeevictionlocus standiadulterymarriage

Key Issues

{"issue_text":"Whether a wife married under Chapter 5:11 has locus standi to evict her husband's mistress from the matrimonial home","issue_type":"legal","dispositive":"yes","related_facts":"Kereke homestead owned by second appellant; first appellant resides there with consent"}
{"issue_text":"Whether the court should consider adultery and marriage sanctity in eviction proceedings","issue_type":"mixed","dispositive":"no","related_facts":"Adulterous relationship between appellants; monogamous marriage"}

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background

Facts of the Case

Background

The respondent wife sought eviction of the first appellant, her husband's mistress, from the Kereke homestead which is the matrimonial home. The first appellant had been living there since 2015 with the second appellant's consent. The magistrate granted the eviction order, which the appellants appealed.

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