Marry Mubaiwa v The State

HH 301-23

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Case Details

Court

Harare High Court

Date

17 May 2023

Citation

HH 301-23

Neutral Citation

[2023] ZWHH 301

Outcome

unknown

Case Type

Appeal

Bench

Presiding

CHIKOWERO J

Full Bench

CHIKOWERO JKWENDA J

Areas of Law

Criminal lawMarriage law

Keywords

False representationMarriage solemnizationSection 35 Marriages Act

Key Issues

{"issue_text":"Whether false representation must be made to a marriage officer to contravene s 35 of Marriages Act","issue_type":"law","dispositive":"yes","related_facts":"Representation made to Judge President, not marriage officer"}
{"issue_text":"Whether State proved case beyond reasonable doubt","issue_type":"mixed","dispositive":"no","related_facts":"Evidence from Justice Chiweshe, complainant's testimony"}
{"issue_text":"Whether sentence of 12 months imprisonment wholly suspended induces sense of shock","issue_type":"law","dispositive":"no","related_facts":"Sentence within statutory range, appellant's health status considered"}

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background

Facts of the Case

Background

The appellant, who was in an unregistered customary marriage with the Vice President of Zimbabwe, falsely represented to the Judge President that the Vice President had consented to solemnize their marriage on 2 July 2019. Acting on this misrepresentation, judicial officers made arrangements for the marriage ceremony, which was ultimately cancelled when it emerged the Vice President was hospitalized and had not consented.

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