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Harare High Court
Lavreil Elizabeth Mbaraidzo v Yosia Jose
HH 40-18
Case Details
Court
Harare High Court
Date
26 January 2018
Citation
HH 40-18
Neutral Citation
[2018] ZWHH 40
Outcome
unknown
Case Type
Trial
Bench
Presiding
Chitakunye J
Full Bench
Chitakunye J
Areas of Law
Family LawCustomary LawCivil Procedure
Keywords
unregistered customary law uniontacit universal partnershipunjust enrichmentcause of actionproperty distribution
Tags
customary law unionunregistered marriageproperty distributioncause of action
legislation
Statutes Cited
- Matrimonial Causes Act
- Customary Law and Local Courts Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether an unregistered customary law union on its own constitutes a cause of action for distribution of property","issue_type":"law","dispositive":"yes","related_facts":"Parties lived in unregistered customary law union from 2005; plaintiff sought property distribution"}
- {"issue_text":"Whether plaintiff properly pleaded alternative causes of action (tacit universal partnership and unjust enrichment)","issue_type":"procedural","dispositive":"yes","related_facts":"Plaintiff mentioned these in paragraphs 11 and 12 of declaration"}
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background
Facts of the Case
Background
The plaintiff and defendant lived together from 2005 in an unregistered customary law union without having children. In May 2016, the plaintiff sued for dissolution of the union and distribution of property acquired during their relationship. The defendant contested the claim, arguing they were merely cohabiting and no customary law marriage existed.
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