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Harare High Court

Modester Benyure v Anah Benyure and 4 Ors

HH 116/21

Case Details

Court
Harare High Court
Date
18 March 2021
Citation
HH 116/21
Neutral Citation
[2021] ZWHH 116
Outcome
unknown
Case Type
Application

Bench

Presiding
Tsanga J
Full Bench
Tsanga J
Areas of Law
Family LawProperty LawCustomary Law
Keywords
Rural homesteadSole occupierCustomary marriageChristian marriageDeclaratory orderNyamakosi villageMutoko
Tags
Customary marriageRural homesteadDeclaratory orderOccupation rights
legislation
Statutes Cited
  • High Court Act
  • Customary Law and Local Courts Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether applicant is entitled to declaratory order that she is sole occupier of rural homestead","issue_type":"mixed","dispositive":"yes","related_facts":"Continuous residence since 1962, prior judgments in her favour, respondents’ attempts to build"}
  • {"issue_text":"Whether respondents have any rights to occupy or build at the homestead","issue_type":"law","dispositive":"no","related_facts":"Customary marriage, children’s claims, prior judgments"}
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background
Facts of the Case

Background

Applicant, married to deceased in 1962 Christian monogamous marriage, seeks declaratory order that she is sole occupier of rural homestead in Nyamakosi village, Mutoko, where she has resided since marriage. Deceased later took first respondent as customary wife in 1971, registered 2006. First respondent and children attempted to build at homestead despite two prior judgments in applicant’s favour.
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