TOKOZANI MAZVIMBAKUPA (DHLIWAYO) v THE MASTER OF THE HIGH COURT and ZAMBE NYIKA N.O. and SHIELA GWASIRA

HH 124-23

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Case Details

Court

Harare High Court

Date

27 March 2024

Citation

HH 124-23

Neutral Citation

[2023] ZWHH 124

Outcome

unknown

Case Type

Civil Judgment

Bench

Presiding

MUCHAWA J

Full Bench

MUCHAWA J

Areas of Law

Family LawSuccession Law

Keywords

customary marriagelobolaroorasurviving spousedeceased estatedeclaratory orderAdministration of Estates Act

Key Issues

{"issue_text":"Whether the applicant proved the existence of a valid customary marriage to the late Shepherd Gwasira.","issue_type":"fact","dispositive":"yes","related_facts":"Existence of roora list, presence of witnesses, deceased's own statements, birth date of child."}
{"issue_text":"Whether the court can grant a declaratory order in the face of material disputes of fact.","issue_type":"procedural","dispositive":"yes","related_facts":"Conflicting affidavits from applicant and third respondent's witnesses."}

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background

Facts of the Case

Background

The applicant sought a declaratory order that she was customarily married to the late Shepherd Gwasira and is his surviving spouse. The third respondent, who claims to be the lawful wife, opposed the application, raising disputes of fact regarding the existence of the customary marriage. The court found the applicant's evidence unsatisfactory and dismissed the application.

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