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Supreme Court
Samantha Nhende v Andrew Zigora (2) Registrar of Deeds N.O
SC 102/22
Case Details
Court
Supreme Court
Date
3 October 2022
Citation
SC 102/22
Neutral Citation
[2022] ZWSC 102
Outcome
unknown
Case Type
Appeal
Bench
Presiding
Mathonsi JA
Full Bench
Bhunu JAMathonsi JAChatukuta JA
Areas of Law
Family LawProperty LawCivil Procedure
Keywords
customary uniontacit universal partnershipinterdict pendente liteproperty disputecaveat
Tags
customary unionproperty divisioninterdict
legislation
Statutes Cited
- Customary Law and Local Courts Act
- High Court Rules, 2021
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether requirements for interim interdict were satisfied","issue_type":"procedural","dispositive":"no","related_facts":"First respondent's claim to property, alleged intention to sell"}
- {"issue_text":"Whether court a quo erred in refusing to determine choice of law issue","issue_type":"law","dispositive":"no","related_facts":"Customary union, tacit universal partnership pleaded"}
- {"issue_text":"Whether court a quo was correct in granting final order","issue_type":"procedural","dispositive":"yes","related_facts":"Urgent application procedure, provisional order sought"}
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background
Facts of the Case
Background
Parties entered unregistered customary union in 2015 and acquired immovable property registered solely in appellant's name. After union breakdown in 2021, first respondent sued for property division. While main action pending, first respondent obtained urgent interdict preventing appellant from disposing of property.
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