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Bulawayo High Court
Showa Moyo v M Chikwana N.O. and Estate Late Pilate Moyo and Deputy Master and Beitbridge Town Council and Twiggle Moyo
HB 185-19
Case Details
Court
Bulawayo High Court
Date
5 December 2019
Citation
HB 185-19
Neutral Citation
[2019] ZWHB 185
Outcome
unknown
Case Type
Trial
Bench
Presiding
MOYO J
Full Bench
MOYO J
Areas of Law
Family LawCustomary LawProperty Law
Keywords
customary law divorceproperty possessionestate executorimmovable property transfer
Tags
customary marriagedivorceproperty divisionestate administration
legislation
Statutes Cited
- Magistrates Court Act [Chapter 7:10]
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether house number 1255 Dulibadzimu Township Beitbridge should be transferred into plaintiff's name","issue_type":"mixed","dispositive":"yes","related_facts":"Divorce order stating each party retains property in possession; plaintiff's continued occupation"}
- {"issue_text":"Whether customary law court had jurisdiction to deal with immovable property","issue_type":"law","dispositive":"no","related_facts":"Property registered in deceased's name; section 11(1)(iv) Magistrate's Court Act"}
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background
Facts of the Case
Background
Plaintiff and late Pilate Moyo divorced by consent at customary law court in 2012, with order that each party retains property in their possession. Plaintiff continued living in house number 1255 Dulibadzimu Township Beitbridge while deceased lived in Bulawayo with 5th defendant. Plaintiff now seeks transfer of house into her name through executor of deceased's estate.
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