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Harare High Court
Ruvimbo Rebecca Chawasarira v The Master of the High Court & 2 Ors
HH 118-21
Case Details
Court
Harare High Court
Date
18 March 2021
Citation
HH 118-21
Neutral Citation
[2021] ZWHH 118
Outcome
unknown
Case Type
Review
Bench
Presiding
TSANGA J
Full Bench
TSANGA J
Areas of Law
Administrative LawCustomary LawEstate Law
Keywords
customary marriagecivil marriagesemblance of marriageAdministration of Estates Acts 68Gs 68(4)
Tags
customary marriageestate administrationreview of administrative decisioncivil marriage reduction
legislation
Statutes Cited
- Administration of Estates Act
- Administration of Estates Act
- Administration of Estates Act
- Customary Law and Local Courts Act
- Customary Marriages Act
- High Court Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether Master erred in finding \"semblance of customary marriage\" sufficient to reduce civil marriage to customary marriage under s 68(4)","issue_type":"law","dispositive":"yes","related_facts":"No evidence of continuing customary marriage 1985; only \"semblance\" found"}
- {"issue_text":"Whether gross irregularity occurred in Master's application of s 68G","issue_type":"law","dispositive":"yes","related_facts":"Master applied customary law despite civil marriage presumption"}
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background
Facts of the Case
Background
Applicant married deceased in civil marriage 1985. Deceased had prior customary union with 3rd respondent terminated 1984. Master found "semblance of customary marriage" and reduced civil marriage to customary. Court reviewed and set aside Master's decision.
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