Virginia Whacha v Isabel Rupungu and Brian Whacha (in his capacity as the Executor of the Estate late Josphat Whacha) and The Master of the High Court

HH 738-17

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Case Details

Court

Harare High Court

Date

9 November 2017

Citation

HH 738-17

Neutral Citation

[2017] ZWHH 738

Outcome

unknown

Case Type

Appeal

Bench

Presiding

CHITAKUNYE J

Full Bench

CHITAKUNYE JNDEWERE J

Areas of Law

Family LawAdministration of Estates

Keywords

Customary Law MarriageRooraMaster's InquiryBeneficiaryAffidavit Evidence

Key Issues

{"issue_text":"Whether the Master erred in relying on affidavit evidence without oral testimony in a disputed customary marriage claim","issue_type":"procedural","dispositive":"yes","related_facts":"Inconsistencies in affidavits, lack of cross-examination, disputed facts"}
{"issue_text":"Whether a proper inquiry was conducted by the Master","issue_type":"procedural","dispositive":"yes","related_facts":"Informal proceedings, no viva voce evidence, untested statements"}
{"issue_text":"Whether the matter should be remitted to the Master for a proper inquiry","issue_type":"procedural","dispositive":"yes","related_facts":"Factual disputes requiring resolution"}

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background

Facts of the Case

Background

The appellant was married to the deceased under customary law in 1978, and their marriage was solemnized under the Marriage Act in 1997. The deceased had a long-standing relationship with the first respondent, which began in 1986 and resulted in a child. After the deceased's death, the Master found that the first respondent was a customary law wife and thus a beneficiary to the estate, a decision which the appellant appealed.

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