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Harare High Court
Kerenza Mushati v Luise Kudakwashe Mushati and Smart Mtetwa and Registrar of Deeds
HH 225-11
Case Details
Court
Harare High Court
Date
30 September 2011
Citation
HH 225-11
Neutral Citation
[2011] ZWHH 225
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Mawadze J
Full Bench
Mawadze J
Areas of Law
Family LawProperty Law
Keywords
matrimonial homeproperty dispositionconsenturgency
Tags
matrimonial propertyurgent applicationproperty saleconsent
legislation
Statutes Cited
- Marriage Act
- Matrimonial Causes Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the matter is urgent","issue_type":"procedural","dispositive":"yes","related_facts":"Property sale imminent, applicant and children residing in property"}
- {"issue_text":"Whether a wife can stop husband from selling property registered in his sole name","issue_type":"law","dispositive":"no","related_facts":"Property registered in first respondent's name only"}
- {"issue_text":"Whether court can grant interim relief in absence of divorce proceedings","issue_type":"law","dispositive":"no","related_facts":"No divorce proceedings instituted"}
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background
Facts of the Case
Background
Applicant wife sought urgent interim relief to prevent husband from selling matrimonial home without her consent. The property was registered in husband's name only. No divorce proceedings were pending. Court found matter not urgent and dismissed application with costs.
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