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Harare High Court
Portia Mhurushomana v Garikai Sigauke
HH 415-17
Case Details
Court
Harare High Court
Date
3 July 2017
Citation
HH 415-17
Neutral Citation
[2017] ZWHH 415
Outcome
unknown
Case Type
Trial
Bench
Presiding
Munangati-Manongwa J
Full Bench
Munangati-Manongwa J
Areas of Law
Family LawCustomary LawProperty Law
Keywords
Tacit universal partnershipUnregistered customary marriageAsset distributionDiamond tradeMarange diamonds
Tags
Customary marriageAsset divisionTacit universal partnership
legislation
Statutes Cited
- Constitution of Zimbabwe Amendment (No. 20) Act 2013
- Constitution of Zimbabwe
- Constitution of Zimbabwe
- Matrimonial Causes Act
- Customary Marriages Act
- Administration of Estates Act
- Criminal Law (Codification and Reform) Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"What constitutes fair and equitable distribution of properties acquired during tacit universal partnership","issue_type":"mixed","dispositive":"yes","related_facts":"Plaintiff's financial contributions, duration of partnership, indirect contributions"}
- {"issue_text":"Whether plaintiff entitled to replacement value of Toyota Caldina","issue_type":"mixed","dispositive":"no","related_facts":"Vehicle given as gift, defendant sold without consent"}
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background
Facts of the Case
Background
Parties entered into unregistered customary marriage in 2007, acquired substantial assets including house and 13 vehicles through diamond trading business. Plaintiff teacher supported defendant financially from beginning, provided capital for diamond business. Partnership ended 2016 when defendant paid divorce token. Plaintiff claimed 50% share of assets.
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